EXHIBIT 1
1130
Sizes Available
Rental Cost for 11
Extended Sizes (Unit
Weekly Rental Cost x 11)
Estimated Usage per Year
University of Nebraska Pricing
Purchase Unit Cost
Rental Cost for 11 Regular
Sizes (Unit Weekly Rental
Cost x 11)
Item U/M Description Vendor ID/ Part
Number
Unit Weekly
Rental Cost
(Cost for 1)
Pricing provided on National Pricing sheets must be used to determine pricing provided for University of Nebraska items and will be verified.
Unit Weekly
Rental Cost
for Extended
Sizes (Cost
for 1)
10. EA Shirts, Polo, 50% Polyester - 50% Cotton, Long
Sleeve. Colors: Determined upon award. 0 0 3068
11. EA Shirts, Polo, 50% Polyester - 50% Cotton, Short
Sleeve. Colors: Determined upon award. 00
1 12. EA Jacket, Industrial, Zipper Closure. Colors: Dark Blue, Hunter Green. 00
1 13. PR
Pants, 65% Polyester - 35% Cotton, perma press,
zipper fly with button closure, 4 lined pockets, five
(5) 1-1/2" belt loops. Men's and Women's (women's
elastic waist shall be optional). Colors: Dark Blue,
Hunter Green, Charcoal, additional colors determined
upon award.
00 1
14. PR
Pants, 100% Heavyweight Denim Cotton, two (2)
lined 6" deep front pockets, 2 rear lined pockets, 1
watch pocket, seven (7) 2" belt loops, prewashed/shrunk, zipper fly with metal post closure, Dickies or equal, Men's and Women's styles (women's
elastic waist shall be optional). Colors: Dark blue,
Hunter Green, Charcoal.
00 1
15. PR Pant, Painters, 100% Cotton. Color: White. 00 1
16. EA Lab Coat, Industrial, 65% Polyester, 35% Cotton, Long Sleeve, 2 pockets, button down. Color: White. 0 0 3100
17. EA
Patches - University Seal, Cloth, 4" Diameter, stiff
backing, sewn onto left shoulder of all shirts and
coveralls.
ONE-TIME COST 00
1 18. EA
Patches - Department Logos, cloth, 3" Diameter, stiff
backing, sewn onto right shoulder of all shirts and
coveralls.
ONE-TIME COST 00
1 19. EA
Patches - Park & Recreation, Cloth, 6-1/4" x 4",
white background and green lettering and
embroidered design per attached example, sewn on
left sleeve of shirts and jackets.
ONE-TIME COST 00
1 20. EA
Patches - Name, Cloth, 1-1/2" x 3-1/2", stiff backing.
Sewn approximately 3/4" above wearer's left pocket
of all shirts and coveralls.
ONE-TIME COST 00
1 21. EA Bath Towels, Absorbent, white, cotton, loop weave, approximately 20" x 40". 00
1
EXHIBIT 1
1131
Sizes Available
Rental Cost for 11
Extended Sizes (Unit
Weekly Rental Cost x 11)
Estimated Usage per Year
University of Nebraska Pricing
Purchase Unit Cost
Rental Cost for 11 Regular
Sizes (Unit Weekly Rental
Cost x 11)
Item U/M Description Vendor ID/ Part
Number
Unit Weekly
Rental Cost
(Cost for 1)
Pricing provided on National Pricing sheets must be used to determine pricing provided for University of Nebraska items and will be verified.
Unit Weekly
Rental Cost
for Extended
Sizes (Cost
for 1)
22. EA Dish Towels, White Cotton or Microfiber,
approximately 12" x 20". 00 1
23. EA
Shop Towel, Standard, Reusable Industrial, 100%
cotton, minimum 15" x 17", orange, free of metal
cuttings or shavings.
0 0 169660
24. EA Floor Mats, 3' x 4', rubberized backing, good quality, black, gray or brown. 00 1
25. EA Floor Mats, 3' x 5', rubberized backing, good quality, dark blue or black, grey or brown. 0 0 117
26. EA Floor Mats, 3' x 10', rubberized backing, good
quality, dark blue or black, grey or brown. 0 0 1147
27. EA Floor Mats, 4' x 6', rubberized backing, good quality, dark blue, black, mocha, grey or brown. 0 0 390
28. EA Anti -Fatigue Mats, 2 ½' x 3', nitride rubber, black. 00 1 29. EA Scraper Mats, 3' x 5', skid resistant, black 00 1
30. EA Safety Mats, 3' x 5' 00 1
31. EA Flow-Thru Shower Mat, 3' x 5', rubber, slip resistant, black. 00 1
32. EA
Prep charges per shirt, coveralls and jacket for
removal and reapplication of patches & emblems to
garment based on size, color change, or from short
sleeve to long sleeve garment permitted one-time per
year per employee.
ONE-TIME COST 0 0 N/A
GRAND
TOTAL:
EXHIBIT 1
1132
U/M Description Unit Cost Extension Estimated Usage per Year EA Weekly laundering of UniversityOwned Jacket, if required. $ $ 1 EA Weekly laundering of University-Owner
Safety Vests, if required. $ $
1 EA
Application/Sewing of UniversityProvided Patches to Contractorfurnished clothing , if required. $ $
1 University of Nebraska Pricing - University Owned
EXHIBIT 1
1133
Rental with Weekly Delivery Purchase
indicate if Rental is not available indicate if Purchase is not available in a category with "n/a" in a category with "n/a"
Anti - Fatigue Mats 1
Scraper Mats 1147
Safety Mats 1
Flow - Thru Shower Mats 1
Bar Mats 1
University of Nebraska Pricing - Mats
Instructions: Provide the percentage discount off a verifiable price list for each of the categories listed below. Indicate tiers for volume discounts and the corresponding percentage discount off a verifiable price list. For example 0-50 mats = X% off each mat; 51-300 mats = X% off each mat, etc.
List other product categories not listed above and their corresponding discount Estimated Usage Per Year
EXHIBIT 1
1134
Rental with Weekly Delivery Purchase
indicate if Rental is not available indicate if Purchase is not available in a category with "n/a" in a category with "n/a"
Table Linens & Napkins 1
Bed Linens 1
Towels and Wiping Cloths 1
Industrial Towels 1
Towel Cans 1
University of Nebraska - Towels & Linens
Instructions: Provide the percentage discount off a verifiable price list for each of the categories listed below. Indicate tiers for volume discounts and the corresponding percentage discount off a verifiable price list. For example 0-100 cloths = X% off each cloth; 101-300 cloths = X% off each cloth, etc.
List other product categories not listed above and their corresponding discount Estimated Usage Per Year
EXHIBIT 1
1135
Rental with Weekly Delivery Purchase Estimated Usage per Year indicate if Rental is not available indicate if Purchase is not available in a category with "n/a" in a category with "n/a"
Treated Dust Mops 1
Wet Mops 1
Handles for Mops 1
Instructions: Provide the percentage discount off a verifiable price list for each of the categories listed below.
Indicate tiers for volume discounts and the corresponding percentage discount off a verifiable price list. For example 0-100 mops = X% off each mop; 101-300 mops = X% off each mop, etc.
University of Nebraska Pricing - Mops
List other product categories not listed above and their corresponding discount EXHIBIT 1
1136
Description U/M Unit Cost Estimated Usage
Per Year
Heavy Duty Soap Scrub Service - 1000 mL EA $ 1
Moisturizing Soap Refill - 1000 mL EA $ 1
Antibacterial Gel Soap Service - 1000 mL EA $ 1
Lens/Screen Pads 100/BX EA $ 2
Burn Relief Packet/6PK BAG $ 1
Woundseal Pour Pack (2) EA $ 2
Allergy Relief Tablet Med BX $ 4
Aleve Small BAG $ 1
Dayquil Severe Small BAG $ 1
Mucinex Small BAG $ 1
Ibuprofen Tabs Small BX $ 1
Ibuprofen Tabs Medium BX $ 1
Ibuprofen Tabs Large BX $ 1
Cold Relief Max/Str Small BX $ 1
Cold Relief Max/Str Medium BX $ 1
Liquid Bandage Small BAG $ 1
Tweezers, Metal IND/3PK PAC $ 2
Hand Sanitizer Small BAG $ 1
Eyewash, 1/2oz medium BX $ 1
Glucose, Small PAC $ 1
Lipaid, Small BAG $ 1
Biofreeze Muscle Relief, Small BAG $ 1
Anti-Diarrheal Caplets, Small BX $ 1
X-Long Bandage Medium BX $ 1
Cool & Soothe 6/BOX BX $ 1
Pain Away X-Strength Small BAG $ 1
Waterproof Clear Strips BX $ 1
Elastic Strip Medium BX $ 1
Aspirin Org St, 50 CT BX $ 1
Thera Tears Small PAC $ 1
Triple Antibiotic Ointment Medium BX $ 1
Large Patch 2"x3", Medium BX $ 1
University of Nebraska Pricing - Safety Supplies
Make/Model of Quote Item
EXHIBIT 1
1137
Category Discount (% from
published /book rate)
Verifiable Published Price
List ID
Uniform Rental
Uniform Leasing
Uniform Purchase
Shoe Purchase
Mat/Mop Rental
Mat/Mop Leasing
Mat/Mop Purchase
Restroom Supplies
Restroom Services
Deep Cleaning Services
First Aid/Safety Supplies
AEDs
Fire Protection Services
Promotional Products
Miscellaneous
Other
Additoinal Discounts Offered
Volume Discount
Ecommerce Rebate
Sole Vendor Dicsount
Other
University of Nebraska Pricing - Category & Other Discounts Comments
EXHIBIT 1
1138
Percentage Discount off the published retail
price guide(s) offered for all other items not
specifically listed in the Pricing Workbook.
Agency Owned Garment - Contractor
Laundered
Custom embroidering of logos and/or
names
Preparation charges per garment for
removal and application of new patches and
emblems on the same garment, heat sealed
or sewn.
Removal of patches and emblems from one
garment and reapplication on a different
garment, heat sealed or sewn.
Application of a new patch or emblem to a
garment, heat sealed or sewn.
Seasonal uniform change per garment (e.g.
change one shirt from long sleeve to short
sleeve)
Uniform color change per garment (e.g.
change one shirt from grey to blue)
Steam Tunneling garments
Pressing of garments
Garment Loss Protection Program
Provide a list of services (and their corresponding fee) to be made available to Contract users not specifically listed elsewhere:
University of Nebraska Pricing - Miscellaneous
State percentage discounts off for the following.
Catalog(s) Name:_________________________________________________ Catalog(s) Name:_________________________________________________ Online Catalog Website: ___________________________________________ Describe turnaround time and delivery requirements. Define any additional charges for delivery such as excessive deliveries or remote locations and state additional fees for these types of deliveries.
EXHIBIT 1
1139
Describe how emergency requests for uniforms are handled.
Items not specifically listed in catalogs are available under the contract as "specialty items." One of the goals of a national contract is to allow agencies to easily audit the price they are paying under a contract. Describe how users across the nation will be able to determine their pricing (including the provision of uniforms or other products, delivery, laundering, repair and maintenance) under the national contract using the information contained within the pricing workbook. Describe any regional pricing differences or other factors that will influence an agency's price.
Describe how rental uniforms are amortized and how Replacement Charges are calculated.
EXHIBIT 1
1140
Regular Size Extended Size Regular Size Extended Size
Belts
Coveralls
Jackets
Pants
Shirts
Shorts
Belts
Coveralls
Jackets
Pants
Shirts
Arc Suit
Vests
Caps and Headwear
National Pricing - Uniforms
Instructions: Provide the percentage discount off a verifiable price list for each of the categories listed below. Indicate tiers for volume discounts and the corresponding percentage discount off a verifiable price list. For example 0-5,000 shirts = X% off each shirt; 5,001-10,000 shirts = X% off each shirt, etc.
in a category with "n/a"
Rental with Weekly Delivery
Safety and Protective Wear (including Flame Resistant clothing) Purchase
indicate if Purchase is not available
in a category with "n/a"
Industrial Wear
indicate if Rental is not available
EXHIBIT 1
1141
Accessories
Belts
Dresses
Jackets
Pants
Polo's and T-shirts
Sweatshirts
Shirts
Skirts
Slacks
Sweaters
Vests
Executive Wear
Accessories
Belts
Blazers
Blouses/Tops
Dresses
Jackets
Neckwear
Pants
Shirts
Corporate Casual Wear
EXHIBIT 1
1142
Skirts
Slacks
Sweaters
Vests
Lab Coats
Scrubs, top
Scrubs, pant
Aprons
Caps and Headwear
Chef Coats
Neckwear
Chef Pants
Shirts
Aprons
Belts
Blouses/Tops
Caps and Headwear
Shirts
Pants
Shorts
Healthcare
Chef and Kitchen Wear
Food Service
EXHIBIT 1
1143
Skirts
Aprons
Dresses
Pants
Shirts & Tunics
Caps and Headwear
Coats
Gloves
Jackets
Sweat Shirts
Swimwear
Laundry Racks
Submit instructions on accessing your on-line Price List or Catalog with your proposal.
Other:
Housekeeping
Outerwear
State the name of the Price List from which discounts shall be taken:
List other product categories not listed above and their corresponding discount EXHIBIT 1
1144
Rental with Weekly Delivery Purchase
indicate if Rental is not available indicate if Purchase is not available in a category with "n/a" in a category with "n/a"
Anti - Fatigue Mats
Scraper Mats
Safety Mats
Flow - Thru Shower Mats
Bar Mats
List other product categories not listed above and their corresponding discount Instructions: Provide the percentage discount off a verifiable price list for each of the categories listed below. Indicate tiers for volume discounts and the corresponding percentage discount off a verifiable price list. For example 0-50 mats = X% off each mat; 51-300 mats = X% off each mat, etc.
National Pricing - Mats
EXHIBIT 1
1145
Rental with Weekly Delivery Purchase
indicate if Rental is not available indicate if Purchase is not available in a category with "n/a" in a category with "n/a"
Treated Dust Mops
Wet Mops
Handles for Mops
National Pricing - Mops
Instructions: Provide the percentage discount off a verifiable price list for each of the categories listed below.
Indicate tiers for volume discounts and the corresponding percentage discount off a verifiable price list. For example 0-100 mops = X% off each mop; 101-300 mops = X% off each mop, etc.
List other product categories not listed above and their corresponding discount EXHIBIT 1
1146
Rental with Weekly Delivery Purchase
indicate if Rental is not available indicate if Purchase is not available in a category with "n/a" in a category with "n/a"
Table Linens & Napkins
Bed Linens
Towels and Wiping Cloths
Industrial Towels
Towel Cans
National Pricing - Towels & Linens
Instructions: Provide the percentage discount off a verifiable price list for each of the categories listed below. Indicate tiers for volume discounts and the corresponding percentage discount off a verifiable price list. For example 0-100 cloths = X% off each cloth; 101-300 cloths = X% off each cloth, etc.
List other product categories not listed above and their corresponding discount EXHIBIT 1
1147
Description U/M Unit Cost
Heavy Duty Soap Scrub Service - 1000 mL EA $
Moisturizing Soap Refill - 1000 mL EA $
Antibacterial Gel Soap Service - 1000 mL EA $
Lens/Screen Pads 100/BX EA $
Burn Relief Packet/6PK BAG $
Woundseal Pour Pack (2) EA $
Allergy Relief Tablet Med BX $
Aleve Small BAG $
Dayquil Severe Small BAG $
Mucinex Small BAG $
Ibuprofen Tabs Small BX $
Ibuprofen Tabs Medium BX $
Ibuprofen Tabs Large BX $
Cold Relief Max/Str Small BX $
Cold Relief Max/Str Medium BX $
Liquid Bandage Small BAG $
Tweezers, Metal IND/3PK PAC $
Hand Sanitizer Small BAG $
Eyewash, 1/2oz medium BX $
Glucose, Small PAC $
Lipaid, Small BAG $
Biofreeze Muscle Relief, Small BAG $
Anti-Diarrheal Caplets, Small BX $
X-Long Bandage Medium BX $
Cool & Soothe 6/BOX BX $
Pain Away X-Strength Small BAG $
Waterproof Clear Strips BX $
Elastic Strip Medium BX $
Aspirin Org St, 50 CT BX $
Thera Tears Small PAC $
Triple Antibiotic Ointment Medium BX $
Large Patch 2"x3", Medium BX $
National Pricing - Safety Supplies
Make/Model of Quote Item
EXHIBIT 1
1148
Category Discount (% from published /book
rate) Verifiable Published Price List ID
Uniform Rental
Uniform Leasing
Uniform Purchase
Shoe Purchase
Mat/Mop Rental
Mat/Mop Leasing
Mat/Mop Purchase
Restroom Supplies
Restroom Services
Deep Cleaning Services
First Aid/Safety Supplies
AEDs
Fire Protection Services
Promotional Products
Miscellaneous
Other
Additoinal Discounts Offered
Volume Discount
Ecommerce Rebate
Sole Vendor Dicsount
Other
National Pricing - Category & Other Discounts
Comments
EXHIBIT 1
1149
Percentage Discount off the published retail
price guide(s) offered for all other items not
specifically listed in the Pricing Workbook.
Agency Owned Garment - Contractor
Laundered
Custom embroidering of logos and/or
names
Preparation charges per garment for
removal and application of new patches and
emblems on the same garment, heat sealed
or sewn.
Removal of patches and emblems from one
garment and reapplication on a different
garment, heat sealed or sewn.
Application of a new patch or emblem to a
garment, heat sealed or sewn.
Seasonal uniform change per garment (e.g.
change one shirt from long sleeve to short
sleeve)
Uniform color change per garment (e.g.
change one shirt from grey to blue)
Steam Tunneling garments
Pressing of garments
Garment Loss Protection Program
National Pricing - Miscellaneous
State percentage discounts off for the following.
Provide a list of services (and their corresponding fee) to be made available to Contract users not specifically listed elsewhere:
Describe turnaround time and delivery requirements. Define any additional charges for delivery such as excessive deliveries or remote locations and state additional fees for these types of deliveries.
Catalog(s) Name:_________________________________________________ Catalog(s) Name:_________________________________________________ Online Catalog Website: ___________________________________________ EXHIBIT 1
1150
Items not specifically listed in catalogs are available under the contract as "specialty items." Describe how emergency requests for uniforms are handled.
Describe how rental uniforms are amortized and how Replacement Charges are calculated.
One of the goals of a national contract is to allow agencies to easily audit the price they are paying under a contract. Describe how users across the nation will be able to determine their pricing (including the provision of uniforms or other products, delivery, laundering, repair and maintenance) under the national contract using the information contained within the pricing workbook. Describe any regional pricing differences or other factors that will influence an agency's price.
EXHIBIT 1
1151
EXHIBIT 1
1152
EXHIBIT 1
1153
EXHIBIT 1
1154
EXHIBIT 1
1155
EXHIBIT 1
1156
EXHIBIT 1
1157
EXHIBIT 1
1158
EXHIBIT 1
1159
EXHIBIT 1
1160
EXHIBIT 1
1161
EXHIBIT 1
1162
EXHIBIT 1
1163
EXHIBIT 1
1164
EXHIBIT 1
1165
EXHIBIT 1
1166
EXHIBIT 1
1167
EXHIBIT 1
1168
EXHIBIT 1
1169
EXHIBIT 1
1170
EXHIBIT 1
1171
EXHIBIT 1
1172
EXHIBIT 1
1173
EXHIBIT 1
1174
EXHIBIT 1
1175
EXHIBIT 1
1176
EXHIBIT 1
1177
EXHIBIT 1
1178
EXHIBIT 1
1179
EXHIBIT 1
1180
EXHIBIT 1
1181
EXHIBIT 1
1182
EXHIBIT 1
1183
EXHIBIT 1
1184
EXHIBIT 1
1185
EXHIBIT 1
1186
EXHIBIT 1
1187
EXHIBIT 1
1188
EXHIBIT 1
1189
EXHIBIT 1
1190
EXHIBIT 1
1191
EXHIBIT 1
1192
EXHIBIT 1
1193
EXHIBIT 1
1194
EXHIBIT 1
1195
EXHIBIT 1
1196
EXHIBIT 1
1197
EXHIBIT 1
1198
EXHIBIT 1
1199
EXHIBIT 1
1200
EXHIBIT 1
1201
EXHIBIT 1
1202
EXHIBIT 1
1203
EXHIBIT 1
1204
EXHIBIT 1
1205
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1206
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1207
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1208
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1209
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1210
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1211
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1212
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1213
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1214
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1215
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1216
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1217
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1218
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1219
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1220
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1221
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1222
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1223
EXHIBIT 1
1224
EXHIBIT 1
1225
EXHIBIT 1
1226
EXHIBIT 1
1227
EXHIBIT 1
1228
EXHIBIT 1
1229
EXHIBIT 1
1230
EXHIBIT 1
1231
EXHIBIT 1
1232
EXHIBIT 1
1233
EXHIBIT 1
1234
EXHIBIT 1
1235
EXHIBIT 1
1236
EXHIBIT 1
1237
EXHIBIT 1
1238
EXHIBIT 1
1239
EXHIBIT 1
1240
EXHIBIT 1
1241
EXHIBIT 1
1242
EXHIBIT 1
1243
EXHIBIT 1
1244
EXHIBIT 1
1245
EXHIBIT 1
1246
EXHIBIT 1
1247
EXHIBIT 1
1248
EXHIBIT 1
1249
EXHIBIT 1
1250
EXHIBIT 1
1251
EXHIBIT 1
1252
EXHIBIT 1
1253
EXHIBIT 1
1254
EXHIBIT 1
1255
EXHIBIT 1
1256
EXHIBIT 1
1257
EXHIBIT 1
1258
EXHIBIT 1
1259
EXHIBIT 1
1260
EXHIBIT 1
1261
EXHIBIT 1
1262
EXHIBIT 1
1263
EXHIBIT 1
1264
EXHIBIT 1
1265
EXHIBIT 1
1266
EXHIBIT 1
1267
EXHIBIT 1
1268
EXHIBIT 1
1269
EXHIBIT 1
1270
EXHIBIT 1
1271
EXHIBIT 1
1272
EXHIBIT 1
1273
EXHIBIT 1
1274
EXHIBIT 1
1275
EXHIBIT 1
1276
EXHIBIT 1
1277
EXHIBIT 1
1278
EXHIBIT 1
1279
EXHIBIT 1
1280
EXHIBIT 1
1281
EXHIBIT 1
1282
EXHIBIT 1
1283
EXHIBIT 1
1284
EXHIBIT 1
1285
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1286
EXHIBIT 1
1287
EXHIBIT 1
1288
EXHIBIT 1
1289
EXHIBIT 1
1290
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1291
EXHIBIT 1
1292
EXHIBIT 1
1293
EXHIBIT 1
1294
EXHIBIT 1
1295
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1296
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1297
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1298
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1299
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1300
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1301
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1302
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1303
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1321
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1326
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1327
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1328
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1329
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1330
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1331
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1332
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1333
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1334
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1335
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1336
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1337
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1338
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1339
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1340
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1341
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1342
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1343
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1344
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1345
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1346
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1347
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1348
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1349
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1350
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1351
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1352
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1353
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1354
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1355
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1356
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1357
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1358
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1359
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1360
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1361
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1362
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1363
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1364
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1365
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1366
EXHIBIT 1
1367
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1368
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1369
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1370
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1371
EXHIBIT 1
1372
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1373
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1374
EXHIBIT 1
1375
EXHIBIT 1
1376
EXHIBIT 1
1377
EXHIBIT 1
1378
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1379
EXHIBIT 1
1380
EXHIBIT 1
1381
EXHIBIT 1
1382
EXHIBIT 1
1383
EXHIBIT 1
1384
EXHIBIT 1
1385
EXHIBIT 1
1386
EXHIBIT 1
1387
EXHIBIT 1
1388
EXHIBIT 1
1389
EXHIBIT 1
1390
EXHIBIT 1
1391
EXHIBIT 1
1392
EXHIBIT 1
1393
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1394
EXHIBIT 1
1395
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1396
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1397
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1398
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1399
EXHIBIT 1
1400
EXHIBIT 1
1401
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1402
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1403
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1405
EXHIBIT 1
1406
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1407
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1408
EXHIBIT 1
1409
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G 2104
Exhibit J
rev 3.17.14
Central Agreement Addendum
Customer Agreement Addendum No. 2
This Customer Agreement Addendum No. 2 (hereinafter “Addendum”) made this [20] of [August] (hereinafter “Execution Date”), by and between Cintas Corporation No. 2, a corporation organized and existing under the laws of the State of Nevada with its principal office located at 6800 Cintas Blvd., Cincinnati, Ohio 45262-5737, or any of its subsidiaries, successors and assigns, (hereinafter "Cintas” or “Supplier") and the Board of Regents of the University of Nebraska, a public body corporate and governing body of the University of Nebraska (hereinafter, “University”), through the cooperative purchasing program administered by the National Intergovernmental Purchasing Alliance Company d/b/a OMNIA Partners, Public Sector, (collectively “Parties”), amends the existing Workplace Solutions Agreement under RFP No. 3702-22-4618, (hereinafter, “Agreement”) between Cintas and University dated June 1, 2023.
WITNESSETH:
WHEREAS, The Parties agree that the intention of Section 7.a.1.4 of the Agreement was to describe University’s termination charge obligations to Cintas upon the University’s invocation of its termination for convenience right after month thirty-six (36) of the term; WHEREAS, The Parties agree that Section 7.a.1.4 of the Agreement contained an error describing such termination charge obligations after month forty-eight (48) of the term; WHEREAS, The Parties agree that the same error occurred in the Agreement Exhibit titled “Sample Cintas Facilities Solutions Cooperative Acceptance Agreement” (the “Sample Acceptance Agreement”);
NOW, THEREFORE, for the mutual promises and covenants and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Section 7.a.1.4 of the Agreement shall be replaced in its entirety with the following: “If this Agreement is terminated for convenience after thirty-six (36) months of service, University shall pay as termination charges the amount equal to thirteen (13) weeks of rental service.
2. Section 17, (“Additional Items”) of the exhibit Sample Acceptance Agreement, shall be modified by replacing the words “forty-eight (48) months” with the words “thirty-six (36) months”.
3. The Sample Acceptance Agreement shall be renamed “Workplace Solutions Cooperative Acceptance Agreement”.
4. If any of the terms of this Addendum conflict with the terms of the Agreement, EXHIBIT 1
1531
G 2104
Exhibit J
rev 3.17.14
Central Agreement Addendum
the terms of this Addendum shall be controlling.
5. This document may be executed in any number of counterparts.
CINTAS: UNIVERSITY:
CINTAS CORPORATION NO 2 BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA BY:_____________________________ BY:_____________________________________ NAME:__________________________ NAME:__________________________________ TITLE:___________________________ TITLE:__________________________________ DATE:___________________________ DATE:__________________________________ (
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EXHIBIT 1
1532
University of Nebraska
CONTRACT ADDENDUM
CONTRACT # 001299 - 03
CONTRACT ADDENDUM NUMBER: THREE (3)
PAGE 1 of 1
WORKPLACE SOLUTIONS
THE UNIVERSITY OF NEBRASKA
THIS CONTRACT IS AMENDED AS FOLLOWS:
ITEM ONE (1): PRICE ADJSUTMENT
In accordance with University of Nebraska/OMNIA Partners Public Sector Contract with Cintas Corporation #2 Workplace Solutions Contract # 001299, Section #29 Pricing and Annual Price Negotiations, the University of Nebraska hereby authorizes a price adjustment of 2.8% to all contracted items effective June 2, 2025. All non-contracted items are subject to the price adjustment and are priced pursuant to the structure detailed in the Master Contract # 001299.
***END OF ADDENDUM ITEMS***
ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY.
Board of Regents of the University of Nebraska Cintas Corporation No. 2 Signature: _______________________________ Signature: _______________________ Printed Name: ____________________________ Printed Name: ____________________ Title: ____________________________________ Title: ____________________________ Date: ____________________________________ Date: ____________________________
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EXHIBIT 1
1533
5 (Rev. ..202)
EXHIBIT B
INSURANCE REQUIREMENTS
EXHIBIT 1
1534
Exhibit B:
Insurance Requirements
(Laundry & Dry Cleaning Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages 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.
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 “occurrence” 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 aggregate 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: 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.
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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or EXHIBIT 1
1535
equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, 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.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect 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.
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 expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City of Stockton.
EXHIBIT 1
1536
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
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 maintained, 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-renewed, and not replaced with another claimsmade policy form w ith a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All documents 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 Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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
425 N El Dorado Street
Stockton, CA 95202
EXHIBIT 1
1537
EXHIBIT 1
1538
6 (Rev. ..202)
EXHIBIT C
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EXHIBIT 1
1539
Cintas Representative Initials: Customer Initials: Page 1 of Rev. 9.24.24
Workplace Solutions
Cooperative Acceptance Agreement
Location #:
Contract #:
Customer #:
Main Corporate Code Omnia Nebraska Rental/FS MLA CC #13897 MLA Agreement # GPO CC #13897 GPO Agreement #211011196 Date:
Customer/Participating Agency: (“Customer”) Phone:
Address: City: State: Zip:
UNIFORM PRODUCT RENTAL PRICING:
WORKPLACE SERVICES PRODUCTS PRICING:
ITEM # DESCRIPTION STANDARD ITEM UNIT PRICE LOSS/DAMAGE REPLACE. VALUE
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
ITEM # DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE
Automatic Lost Replacement Charge Item: % of inventory $ ea Automatic Lost Replacement Charge Item: % of inventory $ ea This Workplace Solutions Cooperative Acceptance Agreement (this “Acceptance Agreement”) is effective as of the date of execution for a term of 60 months from the date of installation or renewal (the “Term”).
Standard Name Emblem $ ea Standard Agency Emblem $ ea
Custom Agency Emblem $ ea Embroidery $ ea
Uniform Advantage Item: $ ea per week
Premium Uniform Advantage Item: $ ea per week
Emblem Advantage Item: $ ea per week
Prep Advantage Item: $ ea per week
Minimum Charge $35 per delivery or 50% of initial invoice (the greater of the two).
Make-Up Charge $ per garment
Non-Standard/Special Cut Garment (i.e., non-standard, non-stocked unusually small or large sizes, unusually short or long sleeve or length, etc.) premium $ per garment Under no circumstances will Cintas accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills.
Artwork Charge for Logo Mat $
Payment Terms: Net 30
Size Change
Customer agrees to have employees measured by a Cintas representative using garment “size samples” or Cintas TruFit. A charge of $ per garment will be assessed for employee’s size changed within 4 weeks of installation.
Other
CHECKBOX INITIALS DATE
Initial and check box if Unilease. All Garments will be cleaned by customer. Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control.
Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason, or terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values. (See Section 6 of Cintas General Service Terms Section).
Space for additional entries provided on page 5
Space for additional entries provided on page 5
(If locally managed MLA please
replace agreement # with current
Locally Managed MLA)
EXHIBIT 1
EXHIBIT A
1.50 2.50
3.50 NA
2 13
14 7074
1.55 NA
5.00 EXHIBIT A
922
.06
.12
.05
.05
.155
✔
✔
1540
Cintas Representative Initials: Customer Initials: Page 2 of Rev. 9.24.24
OMNIA PARTICIPATING PUBLIC AGENCIES TERMS
CINTAS GENERAL SERVICE TERMS SECTION
1. Participating Public Agencies: Cintas Corporation No. 2 (“Cintas”) agrees to extend the same terms, conditions, and covenants agreed to under the OMNIA Vendor Agreement executed between Cintas and University of Nebraska (the “Master Agreement”) to other government agencies (“Participating Public Agencies”) that, in their discretion, desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto. Each Participating Public Agency will be exclusively responsible and deal directly with Cintas on matters relating to length of agreement, ordering, delivery, inspection, acceptance, invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement. By executing this Acceptance Agreement, the Customer identified on Page 1 herein agrees to be bound by the terms and conditions set forth in the Master Agreement as a Participating Public Agency and the terms and conditions set forth in this Acceptance Agreement. Master Agreement #001299 available at https://www.omniapartners.com/publicsector.
2. Dispute Resolution – Arbitration and Class Waiver: This provision shall take precedence over and supersede any contrary or conflicting provision in the Master Agreement. a. Arbitration Notice: Customer agrees to the maximum extent permitted by law that any dispute, controversy, or claim arising out of or relating to this Acceptance Agreement (including its enforcement, performance, breach, arbitrability, or interpretation) or to the products or services provided hereunder will be submitted to and resolved by final and binding individual arbitration. ARBITRATION MEANS THAT AN ARBITRATOR, AND NOT A JUDGE OR A JURY, WILL DECIDE THE DISPUTE, CONTROVERSY, OR CLAIM. BY ACCEPTING THESE TERMS, YOU AND CINTAS ARE EACH EXPRESSLY WAIVING THE RIGHT TO A TRIAL BY JURY
AND TO PURSUE OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE CLAIMS OR PROCEEDINGS EITHER IN ARBITRATION OR IN ANY COURT. To the extent a class or collective action or representative claim or proceeding may not be waived, you agree to stay any such actions, claims, and proceedings until after all actions, claims, and proceedings subject to arbitration are fully resolved. b. Arbitration Procedures: Any arbitration between Customer and Cintas will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Acceptance Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Cintas. Any arbitration hearings will take place in the state in which Customer is located; provided, however, that if the claim is for $10,000 or less, Customer may choose for the arbitration instead to conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a telephonic hearing.
The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. c. Fees: Arbitration fees will be assessed consistent with the AAA Rules. d. No Class Actions in Arbitration or in Any Court, No Jury Trial: CUSTOMER AND CINTAS AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
LAW, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN ANY COURT. FURTHER, UNLESS BOTH CUSTOMER AND CINTAS AGREE OTHERWISE, AN ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PARTICIPATING PUBLIC AGENCY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
FOR THE AVOIDANCE OF DOUBT, CUSTOMER AND CINTAS AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL, NON-REPRESENTATIVE, NON-CLASS
BASIS IN ARBITRATION, BUT IF FOR ANY REASON SUCH DISPUTE PROCEEDS IN COURT, CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO HAVE THE DISPUTE PROCEED AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY WHATSOEVER. IF THE DISPUTE PROCEEDS IN COURT, CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. e. Enforceability: If the requirement to submit any and all disputes, controversies, and claims to binding arbitration is found to be unenforceable or contrary to applicable law, the dispute, controversy or claim will be resolved in accordance with, and governed by, the laws of the State in which the Participating Public Agency exists.
f. Severability: If any section or provision of this ¶ 2, Dispute Resolution – Arbitration and Class Waiver, is found to be unenforceable or invalid, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions of the parties, and the remainder will be given full force and effect.
3. Dispute Resolution – Timing of invoice challenges: Requests for an invoice adjustment or challenges to invoice amounts must be received by Cintas within 60 days of Customer’s receipt of the contested invoice, or any billing dispute is waived. Notification to Cintas of a request for an invoice adjustment must be made in writing and must include the invoice number, disputed amount, and the reason for the disputed charge.
4. In the event of any conflict between this Acceptance Agreement and the Master Agreement, the Master Agreement shall prevail, except to the extent this Acceptance Agreement specifically provides that it is superseding a provision in the Master Agreement.
PLEASE READ THESE TERMS CAREFULLY. BY SIGNING THIS ACCEPTANCE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS.
1. Prices: Customer agrees to rent from Cintas, and Cintas agrees to provide to Customer, all of Customer’s requirements for uniform rental products and services at the prices listed in the Master Agreement, including annual price adjustments. An amendment to this Acceptance Agreement is not required when pricing in the Master Agreement is updated and adjusted. There will be a minimum charge of thirty-five dollars ($35.00) or 50% of initial invoice (whichever is greater) per delivery (the “Minimum Stop Charge”) for each Customer location required to purchase its rental services from Cintas as set forth in this Acceptance Agreement. The Minimum Stop Charge shall supersede any conflicting or different term in the Master Agreement.
2. Buyback of Non-Standard Garments: Customer has ordered from Company a garment rental service requiring garments that may not be standard to Company’s normal rental product line or include direct embroidery or an unusual emblem placement. Non-standard items will also include standard garments that have been embroidered. Those non-standard products will be designated as such under Garment Description in the Uniform Product Rental Pricing Chart(s). In the event the Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement in whole or in part for any reason, the Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values.
3. Garments’ Lack of Flame Retardant or Acid Resistant Features: Unless specified otherwise in writing by Cintas, the garments supplied under this Acceptance Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features. They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible. Flame resistant and acid resistant garments are available from Cintas upon request. Customer warrants that none of the employees for whom garments are supplied pursuant to this Acceptance Agreement require flame retardant or acid resistant clothing.
4. Logo Mats: In the event that Customer decides to delete any mat bearing the Customer’s logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining Logo mats that Cintas has in service and out of service held in inventory at the then current Loss/Damage Replacement Value.
5. Adding Employees: Additional employees and merchandise may be added to this Acceptance Agreement at any time upon written or oral request by the Customer to Cintas. Any such additional employees or merchandise shall automatically become a part of and subject to the terms of this Acceptance Agreement. If such employees are employed at a Customer location that is then participating under this Acceptance Agreement, the Customer shall pay Cintas the one-time preparation fee indicated on the Master Agreement and / or outlined above. Customer shall not pay Cintas any one-time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems.
6. Emblem Guarantee: If Customer has requested that Cintas supply emblems designed exclusively for Customer featuring Customer’s logo or other specific identification (hereinafter “Customer Emblems”), Cintas will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer’s needs and maintain a low cost per emblem through quantity purchases.
In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that Cintas allocated to Customer at the price indicated on the Master Agreement and / or outlined above of this Acceptance Agreement. In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months’ volume for each unique Customer Emblem or (b) a quantity agreed to by Cintas and Customer and noted on the Master Agreement and / or outlined above.
7. Terminating Employees: Subject to the provisions of this Acceptance Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the Customer to Cintas but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement Values, are returned to Cintas.
8. Replacement: In the event any merchandise is lost, stolen or is not returned to Cintas, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said merchandise at the then current Loss/Damage Replacement Values.
9. Additional Customer Locations: Notwithstanding anything to the contrary contained herein, there will be a minimum term equal to the greater of thirty-six (36) months or the remainder of the Term for any individual Customer location added after the date of this Acceptance Agreement.
EXHIBIT 1
1541
Cintas Representative Initials: Customer Initials: Page 3 of Rev. 9.24.24
Cintas Location #: Customer Signature:
Cintas Representative Signature: Print Name:
Title: Print Title:
Accepted-GM: Email:
Cintas Enterprise Account: Yes No Customer Contact:
Cintas Enterprise Partner Name: Customer Contact Email:
10. Additional Items: Additional Customer employees, products and services may be added to this Acceptance Agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this Acceptance Agreement is terminated early for convenience, the parties agree that the damages sustained by Cintas will be substantial and difficult to ascertain. Therefore, if this Acceptance Agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Cintas for non-payment by Customer at any time Customer will pay to Cintas, as termination charges and not as a penalty based upon the following schedule:
- If this Acceptance Agreement is cancelled for convenience in the first twelve months of the term, Customer shall pay as termination charges equal to 52 weeks of rental service.
- If this Acceptance Agreement is cancelled for convenience in months thirteen (13) through twenty-four (24) of the term, Customer shall pay as termination charges equal to thirty-nine (39) weeks of rental service.
- If this Acceptance Agreement is cancelled for convenience in months twenty-five (25) through thirty-six (36) of the term, Customer shall pay as termination charges equal to twenty-six (26) weeks of rental service.
- If this Acceptance Agreement is cancelled for convenience after thirty-six (36) months of service, Customer shall pay as termination charges of thirteen (13) weeks of rental service.
- Customer shall also be responsible to return all of the merchandise allocated to such Customer locations terminating this Acceptance Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer’s account prior to termination.
11. No Federal Contractor: As a material condition of this Agreement, Customer represents and warrants that: (a) this Agreement is not federally funded; (b) this Agreement does not constitute, and is not entered into to support a federal government contract, subcontract or third party contract; (c) Cintas does not hereby become a subrecipient, subgrantee, project participant, or third party contractor or subcontractor in relation to any contract with the federal government; and (d) by entering this Agreement, Cintas does not become obligated to comply with federal regulations or federal laws (including specifically the Service Contact Act), whether by virtue of such obligation flowing down from a contract between Customer and any third party, by virtue of federal funding being used in relation to this project, or otherwise. In the event that any of the foregoing is or becomes untrue, Cintas shall have the option to unilaterally terminate this Agreement.
12. Prevailing Wage/Living Wage: Customer represents and warrants that this agreement is not subject to laws pertaining to prevailing wages, living wages, or other wage and/or benefit requirements established by law (“Wage Statutes”). Customer agrees and acknowledges that it will not attempt to enforce any Wage Statutes in relation to this agreement and Customer hereby waives and releases Cintas from any and all fines, penalties, interest, or other costs, expenses, or charges of any type imposed by any federal, state, or local authority in relation to Cintas’s failure to satisfy any such Wage Statute in relation to agreement.
13. Customer Type: Customer must select the appropriate response below:
Is Customer a United States federal government agency or instrumentality? Yes No
14. Customer Funding Source: Customer must select the appropriate response below:
Will Customer pay for the goods and services ordered under this Acceptance Agreement with any United States government funds? Yes No
15. Additional Terms: Customer must select the appropriate response below:
Does Customer require any additional terms and conditions to be incorporated into this Acceptance Agreement, or is Customer accepting the Agreement without additional terms?
Yes, additional terms required
No additional terms needed
16. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided. I am authorized to sign on behalf of this company. In addition, I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms. (If Yes, Customer must provide any applicable U.S. government flowdown terms and conditions, which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). (If Yes, Customer must provide any applicable U.S. government flowdown terms and conditions, which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). (If Yes, Customer must provide any applicable additional terms and conditions, which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement).
EXHIBIT 1
922
Kelli Brown/ Francisco Manzo
Service Manager/ KAM
Randy Galvin
Amanda Smith C1259016
✔
✔
✔
1542
Cintas Representative Initials: Customer Initials: Page 4 of Rev. 9.24.24
Accounts Payable Contact
Billing Information
How should the Business Name read on the invoice?
Do you have other sites/locations within your company that are set up for billing with Cintas? YES NO UNSURE Are you Tax Exempt? YES NO If Yes, where can I get a copy of your tax-exempt form? Account Payable Contact Name:
Account Payable Contact Phone #:
Account Payable Email:
Payer Street Address:
City: ST/PROV: ZIP/PC:
We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address. Same as Payer OR Same as Sold-To
Bill-To Street Address:
City: ST/PROV: ZIP/PC:
Invoice Delivery (choose one): Leave at Site and Email Email Only Physically Mail Leave at site after service Do invoices require a purchase order? YES NO If yes, please provide PO# Will the same PO need to appear on each invoice? YES NO Is there an expiration date? Check
ACH/EFT - We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details Credit Card - We will have our Payment Center contact the AP Contact above for credit card details Unless noted below, your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing. myCintas allows you to conveniently access your account anytime using your computer, tablet, or mobile device! Do not send information about Online Bill Pay (US Only) PAYER INFORMATION: This section covers the address where the person who pays the bills is and their contact information.
BILL-TO INFORMATION: This section covers where the bill will be mailed/sent to.
PAYMENT TERMS: Net 30 Standard
WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING
PAYMENT OPTIONS
EXHIBIT 1
✔
✔
CURRENT CUSTOMER - NO CHANGES
NO CHANGES
✔
✔
1543
Cintas Representative Initials: Customer Initials: Page 5 of Rev. 9.24.24
UNIFORM PRODUCT RENTAL PRICING (cont.):
WORKPLACE SERVICES PRODUCTS PRICING (cont.):
ITEM # DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE
Continued from page 1
Continued from page 1
ITEM # DESCRIPTION STANDARD ITEM UNIT PRICE LOSS/DAMAGE REPLACE. VALUE
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Additional sites added at a later date will be required to sign the attached Exhibit A with a minimum term of 36 months.
EXHIBIT 1
EXHIBIT A
EXHIBIT A
1544
Cintas Representative Initials: Customer Initials: Page 6 of Rev. 9.24.24
LOCATION LISTING EXHIBIT 1
Cintas
22436095 CITY OF STOCKTON 11373 N LOWER SACRAMENTO RD
LODI CA
25684974 CITY OF STOCKTON 1465 S LINCOLN ST STOCKTON CA 24035982 CITY OF STOCKTON 1465 S LINCOLN ST STOCKTON CA 22445523 CITY OF STOCKTON 1465 S LINCOLN ST STOCKTON CA 22439669 CITY OF STOCKTON MUD NAVY 2500 NAVY DR
STOCKTON CA
22449489 CITY OF STOCKTON MUD WFO 7400 WEST LN STOCKTON CA
25061297 CITY OF STOCKTON MUNICIPAL UTILITIE 2500 NAVY DR
STOCKTON CA
Workplace Solutions, Agreement Number 001299
1545
SOLD TO NAME ADDRESS
SAVING ESTIMATE/
YEAR
25061297 CITY OF STOCKTON MUNICIPAL UTILITIE 2500 NAVY DR -$217.88 Material NumberMaterial Desc. CURRENT BASE Future Base Unit X106 SERVICE CHARGE $0.000 $0.000
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X84435 4X6 BLACK MAT $6.347 $2.255
X22935 MENS COMFORTFLEX WORK SHIRT $0.243 $0.243
X23270 MENS CMFORTFLX PRO CARGO PANT $0.849 $0.849
X84301 3X5 LOGO MAT $2.969 $2.969
22436095 CITY OF STOCKTON
11373 N LOWER
SACRAMENTO RD -$453.44
X106 SERVICE CHARGE $0.000 $0.000
X259 MENS PROKNIT NG SHIRTS $0.285 $0.254
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X2700 TERRY TOWEL $0.296 $0.138
X280 FR CARHARTT JEAN $0.634 $0.634
X370 MENS CARGO SHORT $0.383 $0.383
X382 CARHARTT CARP JN $0.423 $0.423
X387 FRCVRLCRHRTT5.3INHRT $1.587 $1.587
X392 FRSHRTCRHRTT5.3INHRT $0.740 $0.740
X396 CARHARTT RIPSTP SHRT $0.847 $0.847
X74008 M FR FULL SWING QUICK DUCK JCK $2.116 $2.116
X74533 CARHARTT PANT STRETCH RPSTP $0.899 $0.899
X10196 3X5 TRAFFIC MAT $2.474 $2.474
X10197 4X6 TRAFFIC MAT $10.049 $10.049
X10198 3X10 TRAFFIC MAT $11.484 $11.484
22449489 CITY OF STOCKTON MUD WFO 7400 WEST LN $0.00
X106 SERVICE CHARGE $0.000 $0.000
X970 MENS LINED SERVICE JACKET $0.466 $0.466
X22935 MENS COMFORTFLEX WORK SHIRT $0.244 $0.244
X370 MENS CARGO SHORT $0.765 $0.765
X382 CARHARTT CARP JN $0.424 $0.424
X386 CARHARTT RUGGED FLEX PANT $0.901 $0.901
X387 FRCVRLCRHRTT5.3INHRT $1.588 $1.588
X396 CARHARTT RIPSTP SHRT $0.847 $0.847
X65418 MENS HIVIS SHRT CLASS 3 TYPE R $1.588 $1.588
EXHIBIT A CITY OF STOCKTON - UPDATED PRICE LIST 2026 (FEB) EXHIBIT 1
1546
X74533 CARHARTT PANT STRETCH RPSTP $0.901 $0.901
X10189 3X5 XTRAC MAT ONYX $9.000 $9.000
X10192 4X6 XTRAC MAT ONYX $10.029 $10.029
X10202 3X10 XTRAC MAT ONYX $11.828 $11.828
22439669 CITY OF STOCKTON MUD NAVY 2500 NAVY DR -$4,611.36 X106 SERVICE CHARGE $0.000 $0.000
X259 MENS PROKNIT NG SHIRTS $0.264 $0.254
X275 MENS SNAG RESISTANT MM POLO $0.412 $0.402
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X2477 3X5 SCRAPER MAT $3.885 $2.531
X84035 3X10 BLACK MAT $8.462 $3.484
X84335 3X5 BLACK MAT $5.289 $2.372
X84435 4X6 BLACK MAT $6.347 $2.255
X22935 MENS COMFORTFLEX WORK SHIRT $0.243 $0.243
X23270 MENS CMFORTFLX PRO CARGO PANT $0.849 $0.849
X23273 MENS COMFORTFLEX PRO SHIRT $0.650 $0.650
X23945 MENS CMFORTFLX PRO WORK PANT $0.373 $0.381
X23945 MENS CMFORTFLX PRO WORK PANT $0.381 $0.381
X273 CINTAS WRINKLEFREE SHIRT $0.309 $0.309
X280 FR CARHARTT JEAN $0.634 $0.634
X290 CARHARTT FR CARPENTR $0.634 $0.634
X344 CARHARTT FR CARGO PANT $0.853 $0.853
X374 MENS DRESS OXFORD $0.309 $0.309
X376 CARHARTT ACTIVE JACKET $0.476 $0.476
X378 MENS TRADESMAN JACKET $1.766 $1.766
X382 CARHARTT CARP JN $0.423 $0.423
X386 CARHARTT RUGGED FLEX PANT $0.899 $0.899
X387 FRCVRLCRHRTT5.3INHRT $1.587 $1.587
X392 FRSHRTCRHRTT5.3INHRT $0.740 $0.740
X59925 MENS UNISEX LAB COAT $0.582 $0.582
X65418 MENS HIVIS SHRT CLASS 3 TYPE R $1.640 $1.640
X65493 MENS FOOD PROCESSING POLO $0.214 $0.214
X74008 M FR FULL SWING QUICK DUCK JCK $2.116 $2.116
X74533 CARHARTT PANT STRETCH RPSTP $0.897 $0.897
X10188 3X5 XTRAC MAT COPPER $7.671 $7.671
X10198 3X10 TRAFFIC MAT $10.927 $10.927
X1917 3X5 WELLNESS AF MAT ONYX $3.808 $3.808
X2719 REGULAR BATH TOWEL $1.426 $1.426
22445523 CITY OF STOCKTON 1465 S LINCOLN ST -$16,902.73 X106 SERVICE CHARGE $0.000 $0.000
X275 MENS SNAG RESISTANT MM POLO $0.412 $0.402
X275 MENS SNAG RESISTANT MM POLO $0.421 $0.402
X330 MENS COTTON WORK SHIRT $0.306 $0.275
EXHIBIT 1
1547
X330 MENS COTTON WORK SHIRT $0.297 $0.275
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X2477 3X5 SCRAPER MAT $3.885 $2.531
X84035 3X10 BLACK MAT $8.462 $3.484
X84335 3X5 BLACK MAT $5.289 $2.372
X84435 4X6 BLACK MAT $6.347 $2.255
X23945 MENS CMFORTFLX PRO WORK PANT $0.369 $0.369
X280 FR CARHARTT JEAN $0.634 $0.634
X290 CARHARTT FR CARPENTR $0.634 $0.634
X299 CINTAS POLO $0.412 $0.412
X382 CARHARTT CARP JN $0.423 $0.423
X386 CARHARTT RUGGED FLEX PANT $0.899 $0.899
X387 FRCVRLCRHRTT5.3INHRT $1.587 $1.587
X392 FRSHRTCRHRTT5.3INHRT $0.740 $0.740
X59912 MENS REFLECTIVE VIS COVERALL $1.798 $1.798
X65418 MENS HIVIS SHRT CLASS 3 TYPE R $1.640 $1.640
X65493 MENS FOOD PROCESSING POLO $0.208 $0.208
X74008 M FR FULL SWING QUICK DUCK JCK $2.116 $2.116
X74331 MENS CARPENTER PANTS $0.912 $0.912
X74533 CARHARTT PANT STRETCH RPSTP $0.899 $0.899
X2590 36" DUST MOP $2.116 $2.116
24035982 CITY OF STOCKTON 1465 S LINCOLN ST $0.00
X106 SERVICE CHARGE $0.000 $0.000
X23945 MENS CMFORTFLX PRO WORK PANT $0.369 $0.369
X383 CARHARTT DUNGAREE PANT $0.519 $0.519
X59935 MENS REFLCTV VIS COMFORT SHIRT $0.867 $0.867
X59970 MENS PRMA LND JCK RFLCTVE STRP $0.149 $0.149
X74533 CARHARTT PANT STRETCH RPSTP $0.899 $0.899
EXHIBIT 1
1548
SOLD TO NAME ADDRESS
SAVING ESTIMATE/
YEAR
25061297 CITY OF STOCKTON MUNICIPAL UTILITIE 2500 NAVY DR -$217.88 Material NumberMaterial Desc. CURRENT BASE Future Base Unit X106 SERVICE CHARGE $0.000 $0.000
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X84435 4X6 BLACK MAT $6.347 $2.255
X22935 MENS COMFORTFLEX WORK SHIRT $0.243 $0.243
X23270 MENS CMFORTFLX PRO CARGO PANT $0.849 $0.849
X84301 3X5 LOGO MAT $2.969 $2.969
22436095 CITY OF STOCKTON
11373 N LOWER
SACRAMENTO RD -$453.44
X106 SERVICE CHARGE $0.000 $0.000
X259 MENS PROKNIT NG SHIRTS $0.285 $0.254
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X2700 TERRY TOWEL $0.296 $0.138
X280 FR CARHARTT JEAN $0.634 $0.634
X370 MENS CARGO SHORT $0.383 $0.383
X382 CARHARTT CARP JN $0.423 $0.423
X387 FRCVRLCRHRTT5.3INHRT $1.587 $1.587
X392 FRSHRTCRHRTT5.3INHRT $0.740 $0.740
X396 CARHARTT RIPSTP SHRT $0.847 $0.847
X74008 M FR FULL SWING QUICK DUCK JCK $2.116 $2.116
X74533 CARHARTT PANT STRETCH RPSTP $0.899 $0.899
X10196 3X5 TRAFFIC MAT $2.474 $2.474
X10197 4X6 TRAFFIC MAT $10.049 $10.049
X10198 3X10 TRAFFIC MAT $11.484 $11.484
22449489 CITY OF STOCKTON MUD WFO 7400 WEST LN $0.00
X106 SERVICE CHARGE $0.000 $0.000
X970 MENS LINED SERVICE JACKET $0.466 $0.466
X22935 MENS COMFORTFLEX WORK SHIRT $0.244 $0.244
X370 MENS CARGO SHORT $0.765 $0.765
X382 CARHARTT CARP JN $0.424 $0.424
X386 CARHARTT RUGGED FLEX PANT $0.901 $0.901
X387 FRCVRLCRHRTT5.3INHRT $1.588 $1.588
X396 CARHARTT RIPSTP SHRT $0.847 $0.847
X65418 MENS HIVIS SHRT CLASS 3 TYPE R $1.588 $1.588
EXHIBIT A CITY OF STOCKTON - UPDATED PRICE LIST 2026 (FEB) EXHIBIT 1
1549
X74533 CARHARTT PANT STRETCH RPSTP $0.901 $0.901
X10189 3X5 XTRAC MAT ONYX $9.000 $9.000
X10192 4X6 XTRAC MAT ONYX $10.029 $10.029
X10202 3X10 XTRAC MAT ONYX $11.828 $11.828
22439669 CITY OF STOCKTON MUD NAVY 2500 NAVY DR -$4,611.36 X106 SERVICE CHARGE $0.000 $0.000
X259 MENS PROKNIT NG SHIRTS $0.264 $0.254
X275 MENS SNAG RESISTANT MM POLO $0.412 $0.402
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X2477 3X5 SCRAPER MAT $3.885 $2.531
X84035 3X10 BLACK MAT $8.462 $3.484
X84335 3X5 BLACK MAT $5.289 $2.372
X84435 4X6 BLACK MAT $6.347 $2.255
X22935 MENS COMFORTFLEX WORK SHIRT $0.243 $0.243
X23270 MENS CMFORTFLX PRO CARGO PANT $0.849 $0.849
X23273 MENS COMFORTFLEX PRO SHIRT $0.650 $0.650
X23945 MENS CMFORTFLX PRO WORK PANT $0.373 $0.381
X23945 MENS CMFORTFLX PRO WORK PANT $0.381 $0.381
X273 CINTAS WRINKLEFREE SHIRT $0.309 $0.309
X280 FR CARHARTT JEAN $0.634 $0.634
X290 CARHARTT FR CARPENTR $0.634 $0.634
X344 CARHARTT FR CARGO PANT $0.853 $0.853
X374 MENS DRESS OXFORD $0.309 $0.309
X376 CARHARTT ACTIVE JACKET $0.476 $0.476
X378 MENS TRADESMAN JACKET $1.766 $1.766
X382 CARHARTT CARP JN $0.423 $0.423
X386 CARHARTT RUGGED FLEX PANT $0.899 $0.899
X387 FRCVRLCRHRTT5.3INHRT $1.587 $1.587
X392 FRSHRTCRHRTT5.3INHRT $0.740 $0.740
X59925 MENS UNISEX LAB COAT $0.582 $0.582
X65418 MENS HIVIS SHRT CLASS 3 TYPE R $1.640 $1.640
X65493 MENS FOOD PROCESSING POLO $0.214 $0.214
X74008 M FR FULL SWING QUICK DUCK JCK $2.116 $2.116
X74533 CARHARTT PANT STRETCH RPSTP $0.897 $0.897
X10188 3X5 XTRAC MAT COPPER $7.671 $7.671
X10198 3X10 TRAFFIC MAT $10.927 $10.927
X1917 3X5 WELLNESS AF MAT ONYX $3.808 $3.808
X2719 REGULAR BATH TOWEL $1.426 $1.426
22445523 CITY OF STOCKTON 1465 S LINCOLN ST -$16,902.73 X106 SERVICE CHARGE $0.000 $0.000
X275 MENS SNAG RESISTANT MM POLO $0.412 $0.402
X275 MENS SNAG RESISTANT MM POLO $0.421 $0.402
X330 MENS COTTON WORK SHIRT $0.306 $0.275
EXHIBIT 1
1550
X330 MENS COTTON WORK SHIRT $0.297 $0.275
X935 CINTAS COMFORT MENS SHIRT $0.191 $0.191
X970 MENS LINED SERVICE JACKET $0.476 $0.466
X2477 3X5 SCRAPER MAT $3.885 $2.531
X84035 3X10 BLACK MAT $8.462 $3.484
X84335 3X5 BLACK MAT $5.289 $2.372
X84435 4X6 BLACK MAT $6.347 $2.255
X23945 MENS CMFORTFLX PRO WORK PANT $0.369 $0.369
X280 FR CARHARTT JEAN $0.634 $0.634
X290 CARHARTT FR CARPENTR $0.634 $0.634
X299 CINTAS POLO $0.412 $0.412
X382 CARHARTT CARP JN $0.423 $0.423
X386 CARHARTT RUGGED FLEX PANT $0.899 $0.899
X387 FRCVRLCRHRTT5.3INHRT $1.587 $1.587
X392 FRSHRTCRHRTT5.3INHRT $0.740 $0.740
X59912 MENS REFLECTIVE VIS COVERALL $1.798 $1.798
X65418 MENS HIVIS SHRT CLASS 3 TYPE R $1.640 $1.640
X65493 MENS FOOD PROCESSING POLO $0.208 $0.208
X74008 M FR FULL SWING QUICK DUCK JCK $2.116 $2.116
X74331 MENS CARPENTER PANTS $0.912 $0.912
X74533 CARHARTT PANT STRETCH RPSTP $0.899 $0.899
X2590 36" DUST MOP $2.116 $2.116
24035982 CITY OF STOCKTON 1465 S LINCOLN ST $0.00
X106 SERVICE CHARGE $0.000 $0.000
X23945 MENS CMFORTFLX PRO WORK PANT $0.369 $0.369
X383 CARHARTT DUNGAREE PANT $0.519 $0.519
X59935 MENS REFLCTV VIS COMFORT SHIRT $0.867 $0.867
X59970 MENS PRMA LND JCK RFLCTVE STRP $0.149 $0.149
X74533 CARHARTT PANT STRETCH RPSTP $0.899 $0.899
EXHIBIT 1
1551
City of Stockton
Legislation Text
File #: 26-0357, Version: 1
ADOPT A RESOLUTION TO APPROVE FINDINGS AND AUTHORIZE CONTRACT AGREEMENTS
FOR THE PURCHASE OF WATER AND WASTEWATER TREATMENT CHEMICALS THROUGH
THE BAY AREA CHEMICAL CONSORTIUM
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings in support of an exception to the competitive bidding process.
2. Authorize five contracts for the purchase of chemicals for water and wastewater treatment with an estimated not-to-exceed cost of $3,781,000 for Fiscal Year 2026-27.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) is comprised of three enterprise funds including Water, Wastewater, and Stormwater Utilities. MUD personnel operate and maintain the Regional Wastewater Control Facility (RWCF), an advanced tertiary sewer treatment facility with a 55 milliongallon per day (MGD) capacity, and Delta Water Treatment Plant (DWTP), which provides up to 30 million gallons per day of potable water from the Delta and Mokelumne River.
Various chemical compounds, regulated at both state and federal levels, are commonly used in water and wastewater treatment. They play a crucial role in removing impurities, enhancing water quality, and protecting public health.
If approved by the City Council, this action would approve findings supporting an exception to the competitive bidding process and authorize the award of five contracts for the purchase of water and wastewater treatment chemicals. Each contract would be awarded to the most responsive, responsible, and competitive vendor for the respective chemical at the specified unit price. The contracts would have an initial term of one year, with options to renew annually for up to three additional one-year terms.
DISCUSSION
Background
In 2013, the City of Stockton (City) joined the Bay Area Chemical Consortium (BACC) to benefit from bulk product pricing for the purchase of water and wastewater treatment chemicals. The BACC is a City of Stockton Page 1 of 4 Printed on 5/7/2026
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File #: 26-0357, Version: 1
group of public agencies from eight regions located throughout the Central Valley and Bay Area that coordinate competitive bidding for chemical contracts. The MUD was one of fifty-four agencies that participated in the bidding process this year.
Various chemical compounds, regulated at both state and federal levels, are commonly used in water and wastewater treatment. They are essential for removing impurities, improving water quality, and protecting public health, while ensuring the City complies with drinking water standards and wastewater discharge permit requirements.
Over the last several years, significant cost savings have been realized by the City’s participation in the BACC. The chemicals to be purchased and the recommended suppliers for this year are listed below:
1. KAAM Group Co. of Carlsbad, California for the purchase of Aqueous Ammonia at $1.20 per gallon (Exhibit 1 to the Resolution).
2. Univar Solutions USA LLC. of Kent, Washington for the purchase of Sodium Bisulfite at $3.10 per gallon (Exhibit 2 to the Resolution).
3. Univar Solutions USA LLC. of Kent, Washington for the purchase of Sodium Hydroxide (25%) at $1,110.26 per dry ton and Sodium Hydroxide (50%) at $712.84 per dry ton (Exhibit 3 to the Resolution).
4. Univar Solutions USA LLC. of Kent, Washington for the purchase of Sodium Hypochlorite at $3.49 per gallon (Exhibit 4 to the Resolution).
5. Kemira Water Solutions of Lawrence, Kansas for the purchase of Ferric Chloride at $1,164.00 per dry ton and Ferrous Chloride at $1,165.00 per dry ton (Exhibit 5 to the Resolution).
BACC members pay a lump sum of approximately $300 per bid to facilitate the bidding process.
Participants are encouraged not to vary from the lowest overall bid, as it would undermine the prices quoted for bulk quantities.
MUD staff participated in the preparation of the bid specifications and selected the specific chemicals required at the RWCF and DWTP. The combined request for bids from all the agencies is a cooperative purchase agreement that offers vendors an opportunity to sell larger quantities of their products, while offering lower prices for participating agencies.
Present Situation
Since 2020, the Bay Area Clean Water Agencies (BACWA) has coordinated all bid specification preparations and advertisements on behalf of BACC. The invitation to bid for each chemical was advertised by BACWA in the Alameda Times Star newspaper on January 22, 2026. As the coordinating agency, BACWA received bids electronically through PlanetBids.com by February 19, 2026. Results were then released to BACC members.
The lowest bids of interest to the City are shown in the following table:
Chemical Unit FY 25-26
Rate
$/Unit
FY 26-27 Lowest
Bidder
FY 26-27
Rate $/Unit
Unit
Price
Change
Aqueous Ammonia
(19%)
Gal $1.30 KAAM Group Co. $1.20 -8%
City of Stockton Page 2 of 4 Printed on 5/7/2026
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File #: 26-0357, Version: 1
Chemical Unit FY 25-26
Rate
$/Unit
FY 26-27 Lowest
Bidder
FY 26-27
Rate $/Unit
Unit
Price
Change
Aqueous Ammonia
(19%)
Gal $1.30 KAAM Group Co. $1.20 -8%
Sodium Bisulfite
(40%)
Gal $2.84 Univar Solutions USA
LLC.
$3.10 9%
Sodium Hydroxide
(25%)
Dry
Ton
$888.48 Univar Solutions USA
LLC.
$1,110.26 25%
Sodium Hydroxide
(50%)
Dry
Ton
$774.00 Univar Solutions USA
LLC.
$712.84 -8%
Sodium
Hypochlorite
(12.5%)
Gal $3.29 Univar Solutions USA
LLC.
$3.49 6%
Ferric Chloride Dry
Ton
$1,633.55 Kemira Water Solutions $1,164.00 -29%
Ferrous Chloride Dry
Ton
$1,375.35 Kemira Water Solutions $1,165.00 -15%
The chemical industry experienced widespread price increases in the years following the COVID-19 pandemic, predominantly due to material and labor shortages, production disruption, and increased transportation costs. The current prices reflect increased stability in the chemical supply markets.
The lowest responsible, responsive bidder was determined by the overall lowest cost provided to all the BACC member agencies in each region. Contracts are awarded to the lowest overall bidder of all the agencies within the designated regions to take advantage of the lower bulk quantity bids.
Choosing a bid other than the lowest overall bid undermines the intent of the consortium and negates the value of participation in the consortium.
Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings which justify and support an exception to the competitive bidding process. The following findings justify and support an exception:
1. The Bay Area Chemical Consortium (BACC) is a group of 54 public agencies that coordinates their chemical bids to obtain the best possible bulk bid price.
2. BACC conducts a competitive bid process to obtain the best possible bulk bid price.
3. The City of Stockton joined BACC to participate in the public bidding of chemicals necessary for the treatment of water and wastewater.
City of Stockton Page 3 of 4 Printed on 5/7/2026
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File #: 26-0357, Version: 1
4. The bid specification used by BACC has been reviewed and determined to be compatible with City of Stockton standards.
5. Participating in the BACC cooperative purchase agreement benefits the City by reducing costs on large scale chemical purchases.
6. All five proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.
FINANCIAL SUMMARY
Funds will be available upon the City Council approval of the FY 2026-27 Wastewater Utility and Water Utility budget in account numbers 6513-000-650005-610-000-00-65-000-000 and 6513-511- 650005-600-000-00-65-000-000 for the procurement of each chemical for FY 2026-27.
Chemical Annual Est.
Quantity
Cost/ Unit Wastewater
Annual Est.
Cost1
Water
Annual Est.
Cost
Total 4-year
Not to Exceed
Amount
Aqueous Ammonia 80,000 Gal WW $1.20 $105,000 $0 $439,300 Sodium Bisulfite 220,000 Gal WW
9,500 Gal W
$3.10 $744,000 $37,000 $3,267,500
Sodium Hydroxide
(25%)
385 Dry Ton WW
110 Dry Ton W
$1,110.26 $466,000 $123,000 $2,464,200
Sodium Hydroxide
(50%)
155 Dry Ton WW$712.84 $121,000 $0 $506,300
Sodium Hypochlorite 572,750 Gal WW $3.49 $2,185,000 $0 $9,141,300 Ferric Chloride 850 Dry Ton WW$1,164.00 $1,079,000 $0 $4,514,200 Ferrous Chloride 150 Dry Ton WW$1,165.00 $191,000 $0 $799,100 TOTAL $3,621,000 $160,000 $15,818,600
1Wastewater Estimated Annual Cost includes nine percent (9%) for taxes. Estimated annual costs rounded up to the nearest thousand dollars and include short-load fees, if applicable.
The quantities listed above are estimates only. The actual quantities purchased may vary depending on treatment needs and will be purchased at the contracted rates. The not-to-exceed amount represents the total expense for both water and wastewater throughout the potential four-year contract term. The contracts allow for price changes if the contracts are extended. The not-to-exceed total includes a three percent (3%) annual escalation per year to account for potential cost of living increases.
Funds for future annual chemical purchases will be budgeted within the same accounts and will remain subject to City Council approval through the annual budget development process.
This action has no impact on the General Fund or any other unrestricted funds.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING FINDINGS AND AUTHORIZING CONTRACT
AGREEMENTS FOR THE PURCHASE OF WATER AND WASTEWATER
TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL CONSORTIUM Various chemicals are used in the water and wastewater treatment processes to reduce hazardous conditions and/or remove specific impurities to meet drinking water quality standards and wastewater discharge permit requirements; and The City joined the Bay Area Chemical Consortium (BACC) in 2013 to benefit from bulk product pricing for the purchase of water and wastewater treatment chemicals; and MUD staff participated in the preparation of the bid specifications and selected the specific chemicals required at the Regional Wastewater Control Facility (RWCF) and the Delta Water Treatment Plant (DWTP). The combined requests for bids from all the agencies are a cooperative purchase agreement that offers vendors an opportunity to sell larger quantities of their products, resulting in lower prices for the agencies; and The Bay Area Clean Water Agencies (BACWA), on behalf of BACC, has coordinated all bid specification preparations and advertisements since 2020. The invitation to bid for each chemical was advertised by BACWA in the Alameda Times Star newspaper on January 22, 2026, and
As the coordinating agency, BACWA received bids electronically through PlanetBids.com by February 19, 2026. Results were then released to the BACC members, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the following findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process for the purchase of water and wastewater treatment chemicals:
a. The Bay Area Chemical Consortium (BACC) is a group of 54 public agencies that coordinates their chemical bids to obtain the best possible bulk bid price.
b. BACC conducts a competitive bid process to obtain the best possible bulk bid price.
c. The City of Stockton joined BACC to participate in the public bidding of chemicals necessary for the treatment of water and wastewater. 1556
d. The bid specification used by BACC has been reviewed and determined to be compatible with City of Stockton standards.
e. Participation in the BACC cooperative purchase agreement best serves the City by saving money on larger scale chemical purchases. f. All five proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.
2. The City Council authorizes the City Manager to execute the following contracts (Exhibits 1 through 5) for the purchase of chemicals for water and wastewater treatment. a) KAAM Group Co. of Carlsbad, California for the purchase of Aqueous Ammonia at $1.20 per gallon. (Exhibit 1)
b) Univar Solutions USA LLC. of Kent, Washington for the purchase of Sodium Bisulfite at $3.10 per gallon. (Exhibit 2)
c) Univar Solutions USA LLC. of Kent, Washington for the purchase of Sodium Hydroxide (25%) at $1,110.26 per dry ton and Sodium Hydroxide (50%) at $712.84 per dry ton. (Exhibit 3)
d) Univar Solutions USA LLC. of Kent, Washington for the purchase of Sodium Hypochlorite at $3.49 per gallon. (Exhibit 4)
e) Kemira Water Solutions of Lawrence, Kansas for the purchase of Ferric Chloride at $1,164.00 per dry ton and Ferrous Chloride at $1,165.00 per dry ton. (Exhibit 5)
3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 12, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1557
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City") and Agreement Number:
KAAM Group Co. ("Contractor'') to provide Aqueous Ammonia as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: July 1, 2026 Terminates on: June 30, 2027
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ I 105,000.00 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms and Conditions
(d) Exhibit D - Goods and Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f
) Exhibit F - Timeline
(g) Exhibit G - Discrimination and Harassment Policy (H R-15) (h) Exhibit H - Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
KAAM Group Co.
Contractor'_s �lllf�
Name (if other_than an individual, state whether a corporation, partnership, etc.):
utorized ��fo 3/ocr /;L1J7-b Signature Date
f±laJlvr �pv5;+-v J C,,h.ie.f! of Opera+ion�
Printed Name and Title of Person Signing
300 C tLrlsbal v�u{l._'if JX Sok I bBA -'-f l.i,f; J � 1-Lvl sW Ctt �2-DVB Address
CITY OF STOCKTON
Johnny Ford, City Manager
ATTEST:
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Marci A. Arredondo, City Attorney
BY:
(Rev. 01.14.26)
Date
tontract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1558
2 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1 Project Objectives.
The objective of this project is for the supply and delivery of Aqueous Ammonia as outlined in the bid specifications incorporated herein by reference from Exhibit H. 2 Project Scope.
The Contractor shall provide the goods and insurance 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: KAAM Group Co. City: City of Stockton
Attn: Heather Esposito Attn: City Manager
300 Carlsbad Village Drive 425 N. El Dorado Street
Suite 108A-468 Stockton, CA 95202
Carlsbad, CA 92008
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. However, the total term of the Agreement including the extended term shall not exceed four (4) years. The price for any succeeding period of service shall be agreed upon by both parties.
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1559
1 (REV 2025-06-04)
EXHIBIT B
INSURANCE REQUIREMENTS
(Chemical Aqueous Ammonia)
Contractor shall procure and maintain for the duration of the 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 should be maintained for a minimum 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 “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate 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 nonowned (Code 9) autos, with limit no less than $2,000,000 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/Pollution Liability applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1560
2 (REV 2025-06-04)
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, including 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 subcontractor 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) provision 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 satisfy 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 Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are 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 including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’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 Stockton, 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-insurance maintained by the City 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.
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1561
3 (REV 2025-06-04)
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 Pollution 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 maintained 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-renewed, and not replaced with another claimsmade 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 reporting 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 Liability shall not contain lead-based paint or asbestos exclusions. If the services involve 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 shall 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 provided 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 apply 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.
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1562
4 (REV 2025-06-04)
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 certificates 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 listing 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 Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 Stockton 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. Contractor agrees to obtain any endorsement that may be necessary to affect 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, service, 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.
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1563
5 (REV 2025-06-04)
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
425 N El Dorado Street
Stockton, CA 95202
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1564
1 (Rev. 11.7.2025)
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 services at the time, place and in the manner specified in Exhibit A of the Agreement.
2 City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3 Compensation. City shall pay Contractor for services 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 the invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by the City, Contractor shall have sixty (60) days in which to submit final invoice(s) for payment. An extension may be granted by the City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4 Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5 Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1565
2 (Rev. 11.7.2025)
expense. The Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than the performance of services 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 Agreement 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 the 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, the City will not be responsible for paying any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services. 8 Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties. 9 Contractor’s Status.
9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of the City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement.
Contractor shall be responsible to the City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to the City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement.
Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1566
3 (Rev. 11.7.2025)
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
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 the 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 will be bound by its terms. Contractor is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, 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 the Subcontractors’ personnel.
11 Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If 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 performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1567
4 (Rev. 11.7.2025)
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 option to either (a) cause this Agreement to be canceled or terminated pursuant 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 assign, 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 conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. 13 Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs, attorney fees, and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations 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 required herein 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 services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 17 Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’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 required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
Contract for Purchase of Aqueous Ammonia
EXHIBIT 1
EXHIBIT H
1568
5 (Rev. 11.7.2025)
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 reasonable 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 interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investments 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.
Pursuant to Government Code 1090, California Assembly Bill 334: Contractor or Consultants duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor or Consultants participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by the contractor pursuant to this agreement.
21 Waiver. In the event either City or Contractor at any time waives 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 Federal District Court of California, Eastern District, Sacramento Division.
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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.
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, ordinance 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 extent 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, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United 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 responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage 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.
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28 Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
29 Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30 Dispute Resolution; Attorney Fees. Any dispute arising out of or relating to the terms and provisions of this Agreement shall be addressed in good faith by the parties.
If a dispute cannot be resolved through informal negotiations, either party may pursue all remedies available under applicable law.
In the event of any dispute between the parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred, including reasonable attorneys’ fees. 31 Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement. 32 Entire Agreement, Integration, and Modification.
32.1 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.
32.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
33 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.
34 Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D
GOODS AND SERVICES 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 fully and to the standard of performance 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 material, work, or thing delivered by one party to the other, including associated technical documentation.
A deliverable can be a tangible or intangible part 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 conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“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 Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent 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 project, but shall not weaken the character or intent of the GTC.
3 Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance
i) Contractor shall provide the Services and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F.
ii) Neither Contractor nor Contractor’s agents, employees, nor subcontractors are entitled to any damages from the City, nor is any party entitled to be Contract for Purchase of Aqueous Ammonia
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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.
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 members of Contractor’s profession currently practicing under similar conditions. Contractors 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 federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration, or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary.
Contractor shall ensure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor 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 timely manner consistent with the requirements of this Agreement.
If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity. 5 Compensation.
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
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5.1.1 Contractor shall be compensated 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 compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6 Reports and Information.
Contractor shall, at such times and in such forms as the City may require, furnish the City with 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 therewith, and any other matters 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 Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable 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 reasonably 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 the Contractor must be as specified in Exhibit A and will be subject to inspection and approval of the City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, 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, the Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverables prior to inspection shall not constitute acceptance of the Deliverables. 9 Warranty.
Contractor warrants that (i) any Deliverable created or performed by Contractor for City Contract for Purchase of Aqueous Ammonia
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under this Agreement will conform 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 manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of the Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
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 acceptance, the Deliverable delivered by the Contractor shall become the exclusive property of the City. The 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, advertising material, and any other personal property furnished by City to Contractor, or specifically 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 the City or shall dispose of this property only according to the City’s instructions.
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 to 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.
Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies/departments subject to the California Governor’s authority are directed to report to their contracting or grantor agency or department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.
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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 Department 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 work 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)].
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. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/publicworks/publicworks.html. In compliance with 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, Registration 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.
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13 Shipping Terms.
City shipment terms are F.O.B. Destination, 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 specified 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 individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately. City reserves the right to refuse, 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 Contractor liable for damages incurred due to the untimely delivery, including but not limited to the additional costs resultant from City procuring substitute Deliverables elsewhere.
15 Price and Quantities.
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the 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 $105,000.00 (hereafter the “not to exceed” amount). The “not to exceed” 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 Performance identified in Exhibit 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 will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services 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 adjustments 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 event 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 reason(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 Aqueous Ammonia (19%) $1.20/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 address below:
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City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Email: [email protected];
[email protected]
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EXHIBIT F
TIMELINE
1 Contractor shall complete the requested services identified in Exhibit A as follows:
Contractor shall confirm all orders received by email or phone within twenty-four (24) hours of the request.
Orders are to be delivered on the date requested for delivery or on the soonest available date if the date requested is unavailable. If no date is requested, the order will be delivered within seven (7) days.
Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.
Contractor shall notify the City in advance of holiday closures that may affect order delivery.
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DISCRIMINATION AND HARASSMENT POLICY (HR-15)
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1692799v1
BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 03-2026
SUPPLY AND DELIVERY OF AQUEOUS AMMONIA
I hereby agree to furnish AQUEOUS AMMONIA identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.
Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.
SPECIFIC DEVIATIONS:
This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.
Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document.
Description of Emergency Supply Plan: Provide a summary of vendor’s plans to continue to supply product in the event of an unexpected disaster or urgent emergency event.
STANDARD AGREEMENT, PAGE 2 OF 2
35 KAAM Group Co
300 Carlsbad Village Dr., Suite 108A-468, Carlsbad, CA 92008 Carlsbad, CA 92008
760-814-2050
[email protected]
02/19/2026
Heather Esposito
We have several sourcing options and logistical options to prevent any supply disruptions.
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BIDDER INFORMATION
1. Legal Name of Bidder:
______________________________________________________________________________
2. Bidder’s Street Address:
______________________________________________________________________________
3. Mailing Address:
______________________________________________________________________________
4. Business Telephone: _______________ Fax Number: ________________
5. Type of Supplier:
ප Sole Proprietor ප Partnership ප Corporation ප>>
If Corporation, indicate State where incorporated: ____________________
6. Business License Number issued by the City where the Supplier’s principal place of business is located.
Number: ____________________ Issuing City: _____________________
7. Supplier Federal Tax Identification Number: ____________________________
8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________
9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________
10. References:
Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________
11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 36 KAAM Group Co
300 Carlsbad Village Dr., Suite 108A-468, Carlsbad, CA 92008 300 Carlsbad Village Dr., Suite 108A-468, Carlsbad, CA 92008 760-814-2050
X
Deleware
BLOS015446-04-2024 Carlsbad
87-2144408
Heather Esposito
480-658-6549
Vangie
300 Carlsbad Village Dr., Suite 108A-468, Carlsbad, CA 92008 760-814-2050
[email protected]
UCSD Keenan Mrozek 619-792-0182
SDGE Palomar Ann Kim 760-432-2522
Arizona Solar One Michael Plichta 928 482 7880
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Aqua Ammonia (20-30%)
Aqua Ammonia, Ammonium Hydroxide
Liquid.
SAFETY DATA SHEET
GHS product identifier
Other means of
identification
Product type
Section 1. Identification
:
:
:
Supplier's details :
Aqua Ammonia (20-30%)
Product use : Synthetic/Analytical chemistry.
Synonym : Aqua Ammonia, Ammonium Hydroxide
SDS # : 001195
24-hour telephone :
Airgas USA, LLC and its affiliates
259 North Radnor-Chester Road
Suite 100
Radnor, PA 19087-5283
1-610-687-5253
Inside the US: 1-800-424-9300 (Chemtrec, 24 hours)
Outside the US: 1-703-527-3887 (Chemtrec, 24 hours)
Airgas Emergency Response Center 1-866-734-3438
Section 2. Hazards identification
ACUTE TOXICITY (oral) - Category 4
ACUTE TOXICITY (inhalation) - Category 4
SKIN CORROSION - Category 1B
SERIOUS EYE DAMAGE - Category 1
SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) (Respiratory tract irritation) - Category 3
AQUATIC HAZARD (ACUTE) - Category 1
Classification of the
substance or mixture
:
Signal word : Danger
Hazard statements : Harmful if swallowed or if inhaled.
Causes severe skin burns and eye damage.
May cause respiratory irritation.
Very toxic to aquatic life.
Hazard pictograms :
Precautionary statements
Prevention : Wear protective gloves, protective clothing and eye or face protection. Use only outdoors or in a well-ventilated area. Avoid release to the environment. Avoid breathing vapor. Do not eat, drink or smoke when using this product. Wash thoroughly after handling.
Response : Collect spillage. IF INHALED: Remove person to fresh air and keep comfortable for breathing. Immediately call a POISON CENTER or doctor. IF SWALLOWED:
Immediately call a POISON CENTER or doctor. Rinse mouth. Do NOT induce vomiting.
IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water. Immediately call a POISON CENTER or doctor. Wash contaminated clothing before reuse. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a POISON CENTER or doctor.
Storage : Store locked up. Store in a well-ventilated place. Keep container tightly closed.
GHS label elements
General :
OSHA/HCS status : This material is considered hazardous by the OSHA Hazard Communication Standard (29 CFR 1910.1200).
Read label before use. Keep out of reach of children. If medical advice is needed, have product container or label at hand.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 1/13
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Aqua Ammonia (20-30%)
Section 2. Hazards identification
Disposal : Dispose of contents and container in accordance with all local, regional, national and international regulations.
Hazards not otherwise
classified
: None known.
Section 3. Composition/information on ingredients
Other means of
identification
: Aqua Ammonia, Ammonium Hydroxide
Substance/mixture : Mixture
Product code : 001195
Ingredient name % CAS number
There are no additional ingredients present which, within the current knowledge of the supplier and in the concentrations applicable, are classified as hazardous to health or the environment and hence require reporting in this section.
Occupational exposure limits, if available, are listed in Section 8.
Any concentration shown as a range is to protect confidentiality or is due to batch variation.
Ammonium Hydroxide 100 1336-21-6
Water 70 - 80 7732-18-5
Ammonia 20 - 30 7664-41-7
Get medical attention immediately. Call a poison center or physician. Wash out mouth with water. Remove dentures if any. If material has been swallowed and the exposed person is conscious, give small quantities of water to drink. Stop if the exposed person feels sick as vomiting may be dangerous. Do not induce vomiting unless directed to do so by medical personnel. If vomiting occurs, the head should be kept low so that vomit does not enter the lungs. Chemical burns must be treated promptly by a physician.
Never give anything by mouth to an unconscious person. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway.
Loosen tight clothing such as a collar, tie, belt or waistband.
Get medical attention immediately. Call a poison center or physician. Immediately flush eyes with plenty of water, occasionally lifting the upper and lower eyelids. Check for and remove any contact lenses. Continue to rinse for at least 10 minutes. Chemical burns must be treated promptly by a physician.
Get medical attention immediately. Call a poison center or physician. Flush contaminated skin with plenty of water. Remove contaminated clothing and shoes.
Wash contaminated clothing thoroughly with water before removing it, or wear gloves.
Continue to rinse for at least 10 minutes. Chemical burns must be treated promptly by a physician. Wash clothing before reuse. Clean shoes thoroughly before reuse.
Get medical attention immediately. Call a poison center or physician. Remove victim to fresh air and keep at rest in a position comfortable for breathing. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. If not breathing, if breathing is irregular or if respiratory arrest occurs, provide artificial respiration or oxygen by trained personnel. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway. Loosen tight clothing such as a collar, tie, belt or waistband. In case of inhalation of decomposition products in a fire, symptoms may be delayed. The exposed person may need to be kept under medical surveillance for 48 hours.
Section 4. First aid measures
Eye contact
Skin contact
Inhalation
Ingestion :
:
:
:
Description of necessary first aid measures
Most important symptoms/effects, acute and delayed
Inhalation : Harmful if inhaled. May cause respiratory irritation.
Eye contact : Causes serious eye damage.
Potential acute health effects
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 2/13
EXHIBIT 1
EXHIBIT H
1601
Aqua Ammonia (20-30%)
Section 4. First aid measures
Protection of first-aiders : No action shall be taken involving any personal risk or without suitable training. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation. Wash contaminated clothing thoroughly with water before removing it, or wear gloves.
Notes to physician : In case of inhalation of decomposition products in a fire, symptoms may be delayed.
The exposed person may need to be kept under medical surveillance for 48 hours.
Specific treatments : No specific treatment.
Ingestion : Harmful if swallowed.
Skin contact : Causes severe burns.
Over-exposure signs/symptoms
Skin contact
Ingestion
Inhalation Adverse symptoms may include the following:
respiratory tract irritation
coughing
Adverse symptoms may include the following:
stomach pains
Adverse symptoms may include the following:
pain or irritation
redness
blistering may occur
:
:
:
Eye contact : Adverse symptoms may include the following:
pain
watering
redness
See toxicological information (Section 11)
Indication of immediate medical attention and special treatment needed, if necessary Frostbite : Try to warm up the frozen tissues and seek medical attention.
Section 5. Fire-fighting measures
Promptly isolate the scene by removing all persons from the vicinity of the incident if there is a fire. No action shall be taken involving any personal risk or without suitable training.
Hazardous thermal
decomposition products
Specific hazards arising
from the chemical
Decomposition products may include the following materials:
nitrogen oxides
In a fire or if heated, a pressure increase will occur and the container may burst. This material is very toxic to aquatic life. Fire water contaminated with this material must be contained and prevented from being discharged to any waterway, sewer or drain.
Fire-fighters should wear appropriate protective equipment and self-contained breathing apparatus (SCBA) with a full face-piece operated in positive pressure mode.
Special protective
equipment for fire-fighters
Use an extinguishing agent suitable for the surrounding fire.
Extinguishing media
:
:
:
None known.
Suitable extinguishing
media
:
Unsuitable extinguishing
media
:
Special protective actions
for fire-fighters
:
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 3/13
EXHIBIT 1
EXHIBIT H
1602
Aqua Ammonia (20-30%)
Section 6. Accidental release measures
Environmental precautions
Personal precautions, protective equipment and emergency procedures Stop leak if without risk. Move containers from spill area. Approach release from upwind. Prevent entry into sewers, water courses, basements or confined areas. Wash spillages into an effluent treatment plant or proceed as follows. Contain and collect spillage with non-combustible, absorbent material e.g. sand, earth, vermiculite or diatomaceous earth and place in container for disposal according to local regulations (see Section 13). Dispose of via a licensed waste disposal contractor. Contaminated absorbent material may pose the same hazard as the spilled product. Note: see Section 1 for emergency contact information and Section 13 for waste disposal. :
: No action shall be taken involving any personal risk or without suitable training.
Evacuate surrounding areas. Keep unnecessary and unprotected personnel from entering. Do not touch or walk through spilled material. Do not breathe vapor or mist.
Provide adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Put on appropriate personal protective equipment.
Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. Inform the relevant authorities if the product has caused environmental pollution (sewers, waterways, soil or air). Water polluting material. May be harmful to the environment if released in large quantities. Collect spillage.
Large spill :
Stop leak if without risk. Move containers from spill area. Dilute with water and mop up if water-soluble. Alternatively, or if water-insoluble, absorb with an inert dry material and place in an appropriate waste disposal container. Dispose of via a licensed waste disposal contractor.
Small spill :
Methods and materials for containment and cleaning up
For non-emergency
personnel
For emergency responders : If specialized clothing is required to deal with the spillage, take note of any information in Section 8 on suitable and unsuitable materials. See also the information in "For nonemergency personnel".
Section 7. Handling and storage
Advice on general
occupational hygiene
Conditions for safe storage,
including any
incompatibilities
Eating, drinking and smoking should be prohibited in areas where this material is handled, stored and processed. Workers should wash hands and face before eating, drinking and smoking. Remove contaminated clothing and protective equipment before entering eating areas. See also Section 8 for additional information on hygiene measures.
Store in accordance with local regulations. Store in original container protected from direct sunlight in a dry, cool and well-ventilated area, away from incompatible materials (see Section 10) and food and drink. Store locked up. Keep container tightly closed and sealed until ready for use. Containers that have been opened must be carefully resealed and kept upright to prevent leakage. Do not store in unlabeled containers.
Use appropriate containment to avoid environmental contamination. See Section 10 for incompatible materials before handling or use.
:
:
Protective measures Put on appropriate personal protective equipment (see Section 8). Do not get in eyes or on skin or clothing. Use only with adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Avoid release to the environment. Do not ingest.
Empty containers retain product residue and can be hazardous. Keep in the original container or an approved alternative made from a compatible material, kept tightly closed when not in use. Do not reuse container. Do not breathe vapor or mist. :
Precautions for safe handling
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 4/13
EXHIBIT 1
EXHIBIT H
1603
Aqua Ammonia (20-30%)
Ammonium Hydroxide None.
Water None.
Ammonia California PEL for Chemical Contaminants (
Table AC-1) (United States).
PEL: 25 ppm 8 hours.
STEL: 35 ppm 15 minutes.
ACGIH TLV (United States, 1/2022).
[Ammonia]
TWA: 25 ppm 8 hours.
TWA: 17 mg/m³ 8 hours.
STEL: 35 ppm 15 minutes.
STEL: 24 mg/m³ 15 minutes.
OSHA PEL 1989 (United States, 3/1989).
[Ammonia]
STEL: 35 ppm 15 minutes.
STEL: 27 mg/m³ 15 minutes.
NIOSH REL (United States, 10/2020).
[AMMONIA]
TWA: 25 ppm 10 hours.
TWA: 18 mg/m³ 10 hours.
STEL: 35 ppm 15 minutes.
STEL: 27 mg/m³ 15 minutes.
OSHA PEL (United States, 5/2018).
[Ammonia]
TWA: 50 ppm 8 hours.
TWA: 35 mg/m³ 8 hours.
CAL OSHA PEL (United States, 5/2018).
STEL: 27 mg/m³ 15 minutes.
STEL: 35 ppm 15 minutes.
TWA: 18 mg/m³ 8 hours.
TWA: 25 ppm 8 hours.
Section 8. Exposure controls/personal protection
Ingredient name Exposure limits
Safety eyewear complying with an approved standard should be used when a risk assessment indicates this is necessary to avoid exposure to liquid splashes, mists, gases or dusts. If contact is possible, the following protection should be worn, unless the assessment indicates a higher degree of protection: chemical splash goggles and/ or face shield. If inhalation hazards exist, a full-face respirator may be required instead.
Eye/face protection :
Environmental exposure
controls
: Emissions from ventilation or work process equipment should be checked to ensure they comply with the requirements of environmental protection legislation. In some cases, fume scrubbers, filters or engineering modifications to the process equipment will be necessary to reduce emissions to acceptable levels.
Appropriate engineering
controls
: Use only with adequate ventilation. Use process enclosures, local exhaust ventilation or other engineering controls to keep worker exposure to airborne contaminants below any recommended or statutory limits.
Wash hands, forearms and face thoroughly after handling chemical products, before eating, smoking and using the lavatory and at the end of the working period.
Appropriate techniques should be used to remove potentially contaminated clothing.
Wash contaminated clothing before reusing. Ensure that eyewash stations and safety showers are close to the workstation location.
Hygiene measures :
Control parameters
Individual protection measures
Occupational exposure limits
Skin protection
Biological exposure indices
No exposure indices known.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 5/13
EXHIBIT 1
EXHIBIT H
1604
Aqua Ammonia (20-30%)
Section 8. Exposure controls/personal protection
Hand protection
Based on the hazard and potential for exposure, select a respirator that meets the appropriate standard or certification. Respirators must be used according to a respiratory protection program to ensure proper fitting, training, and other important aspects of use.
Chemical-resistant, impervious gloves complying with an approved standard should be worn at all times when handling chemical products if a risk assessment indicates this is necessary. Considering the parameters specified by the glove manufacturer, check during use that the gloves are still retaining their protective properties. It should be noted that the time to breakthrough for any glove material may be different for different glove manufacturers. In the case of mixtures, consisting of several substances, the protection time of the gloves cannot be accurately estimated.
Respiratory protection :
:
Body protection Personal protective equipment for the body should be selected based on the task being performed and the risks involved and should be approved by a specialist before handling this product.
:
Other skin protection : Appropriate footwear and any additional skin protection measures should be selected based on the task being performed and the risks involved and should be approved by a specialist before handling this product.
Section 9. Physical and chemical properties
Physical state
Melting point
Relative density
Liquid.
Approx. -110 dF (30% soln.)
Specific Gravity (SG): 0.8974 (29.4% @ 60 deg. F)
Odor Pungent.
pH
Color Clear liquid. Ammonia vapor is clear or fog-like.
Evaporation rate Not available.
Auto-ignition temperature
Flash point
651°C (1203.8°F)
Not available.
Not applicable.
11.6 for 1.7% NH3 soln. in water
Odor threshold 5 ppm
Partition coefficient: noctanol/water
:
:
:
:
:
:
:
:
:
:
:
Appearance
Boiling point : 81 dF (30% soln.)
Flammability (solid, gas) : Aqua soln. is not flammable; Ammonia vapor is flammable @16-25% ammonia concentration in air.
Lower and upper explosive
(flammable) limits
: Lower: 16%
Upper: 25%
Decomposition temperature : Not available.
Solubility in water : Not available.
Flow time (ISO 2431) : Not available.
Vapor pressure
Vapor density Relative Vapor Density: 0.6 (ammonia) [ Air = 1 ] : 720 mm Hg @ 80 dF (30% soln.)
:
Gas Density (lb/ft 3) : 0.0481
Critical temperature : Not available.
Section 10. Stability and reactivity
Chemical stability : The product is stable.
Possibility of hazardous
reactions
: Under normal conditions of storage and use, hazardous reactions will not occur.
Reactivity : No specific test data related to reactivity available for this product or its ingredients.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 6/13
EXHIBIT 1
EXHIBIT H
1605
Aqua Ammonia (20-30%)
Section 10. Stability and reactivity
Hazardous decomposition
products
Conditions to avoid Do not cut, weld, braze, drill, grind, or heat vessels.
Under normal conditions of storage and use, hazardous decomposition products should not be produced.
No specific data.
:
:
Incompatible materials :
Hazardous polymerization : Under normal conditions of storage and use, hazardous polymerization will not occur.
Section 11. Toxicological information
Acute toxicity
ammonium hydroxide LD50 Oral Rat 350 mg/kg - ammonia LC50 Inhalation Gas. Rat 7338 ppm 1 hours Product/ingredient name Result Species Dose Exposure
Carcinogenicity
Not available.
Mutagenicity
Not available.
Teratogenicity
Not available.
Reproductive toxicity
Not available.
Irritation/Corrosion
ammonium hydroxide Eyes - Severe irritant Rabbit - 0.5 minutes 1 mg
- Eyes - Severe irritant Rabbit - 250 ug -
Product/ingredient name Result Score Exposure Observation Sensitization
Not available.
Species
Information on the likely
routes of exposure
Inhalation : Harmful if inhaled. May cause respiratory irritation.
Skin contact : Causes severe burns.
Eye contact : Causes serious eye damage.
Specific target organ toxicity (single exposure)
Specific target organ toxicity (repeated exposure)
ammonium hydroxide Category 3 - Respiratory tract
irritation
Name Category
Not available.
Aspiration hazard
Not available.
Route of
exposure
Target organs
Information on toxicological effects
: Not available.
Potential acute health effects
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 7/13
EXHIBIT 1
EXHIBIT H
1606
Aqua Ammonia (20-30%)
Section 11. Toxicological information
Not available.
Ingestion : Harmful if swallowed.
General : No known significant effects or critical hazards.
Carcinogenicity : No known significant effects or critical hazards.
Mutagenicity : No known significant effects or critical hazards.
Teratogenicity : No known significant effects or critical hazards.
Developmental effects : No known significant effects or critical hazards.
Fertility effects : No known significant effects or critical hazards.
Symptoms related to the physical, chemical and toxicological characteristics Skin contact
Ingestion
Inhalation Adverse symptoms may include the following:
respiratory tract irritation
coughing
Adverse symptoms may include the following:
stomach pains
Adverse symptoms may include the following:
pain or irritation
redness
blistering may occur
:
:
:
Eye contact : Adverse symptoms may include the following:
pain
watering
redness
Potential chronic health effects
Delayed and immediate effects and also chronic effects from short and long term exposure Numerical measures of toxicity
Oral 500 mg/kg
Inhalation (gases) 4500 ppm
Route ATE value
Acute toxicity estimates
Potential immediate
effects
: Not available.
Short term exposure
Potential delayed effects : Not available.
Potential immediate
effects
: Not available.
Long term exposure
Potential delayed effects : Not available.
Section 12. Ecological information
Toxicity
ammonium hydroxide Acute LC50 37 ppm Fresh water Fish - Gambusia affinis - Adult 96 hours ammonia Acute EC50 29.2 mg/l Marine water Algae - Ulva fasciata - Zoea 96 hours Acute LC50 2080 µg/l Fresh water Crustaceans - Gammarus pulex 48 hours Acute LC50 0.53 ppm Fresh water Daphnia - Daphnia magna 48 hours Acute LC50 300 µg/l Fresh water Fish - Hypophthalmichthys nobilis 96 hours Chronic NOEC 0.204 mg/l Marine water Fish - Dicentrarchus labrax 62 days Product/ingredient name Result Species Exposure
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 8/13
EXHIBIT 1
EXHIBIT H
1607
Aqua Ammonia (20-30%)
Section 12. Ecological information
LogPow BCF Potential
Bioaccumulative potential
Other adverse effects : No known significant effects or critical hazards.
Product/ingredient name
WATER -1.38 - Low
Persistence and degradability
Soil/water partition
coefficient (KOC)
: Not available.
Mobility in soil
Not available.
Section 13. Disposal considerations
The generation of waste should be avoided or minimized wherever possible. Disposal of this product, solutions and any by-products should at all times comply with the requirements of environmental protection and waste disposal legislation and any regional local authority requirements. Dispose of surplus and non-recyclable products via a licensed waste disposal contractor. Waste should not be disposed of untreated to the sewer unless fully compliant with the requirements of all authorities with jurisdiction.
Waste packaging should be recycled. Incineration or landfill should only be considered when recycling is not feasible. This material and its container must be disposed of in a safe way. Care should be taken when handling emptied containers that have not been cleaned or rinsed out. Empty containers or liners may retain some product residues.
Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers.
Disposal methods :
Section 14. Transport information
Ammonia solution
8 III
AMMONIA
SOLUTION
8 III
Ammonia solution
UN2672
8 III
UN2672 UN2672
DOT IMDG IATA
UN number
UN proper
shipping name
Transport
hazard class(es)
Packing group
Additional information
Environmental
hazards
Yes. Yes. Yes. The
environmentally
hazardous
substance mark is
not required.
TDG
UN2672
AMMONIA
SOLUTION
8 III
Yes.
Mexico
UN2672
AMONIACO EN
SOLUCION
8 III
Yes. The
environmentally
hazardous
substance mark is
not required.
“Refer to CFR 49 (or authority having jurisdiction) to determine the information required for shipment of the product.”
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 9/13
EXHIBIT 1
EXHIBIT H
1608
Aqua Ammonia (20-30%)
Section 14. Transport information
This product is not regulated as a marine pollutant when transported on inland waterways in sizes of ≤5 L or ≤5 kg or by road, rail, or inland air in non-bulk sizes, provided the packagings meet the general provisions of §§ 173.24 and 173.24a.
Reportable quantity 1000 lbs / 454 kg [2493.4 gal / 9438.7 L]. Package sizes shipped in quantities less than the product reportable quantity are not subject to the RQ (reportable quantity) transportation requirements.
Limited quantity Yes.
Packaging instruction Exceptions: 154. Non-bulk: 203. Bulk: 241.
Quantity limitation Passenger aircraft/rail: 5 L. Cargo aircraft: 60 L.
Special provisions 336, IB3, IP8, T7, TP2
The marine pollutant mark is not required when transported in sizes of ≤5 L or ≤5 kg.
Emergency schedules F-A, _S-B_
The environmentally hazardous substance mark may appear if required by other transportation regulations.
Quantity limitation Passenger and Cargo Aircraft: 5 L. Packaging instructions: 852.
Cargo Aircraft Only: 60 L. Packaging instructions: 856. Limited Quantities - Passenger Aircraft: 1 L. Packaging instructions: Y841.
Special provisions A64, A803
Special precautions for user
Transport in bulk according
to IMO instruments
Transport within user’s premises: always transport in closed containers that are upright and secure. Ensure that persons transporting the product know what to do in the event of an accident or spillage.
: Not available.
:
Product classified as per the following sections of the Transportation of Dangerous Goods Regulations: 2.40-2.42 (Class 8), 2.7 (Marine pollutant mark).
The marine pollutant mark is not required when transported by road or rail.
Explosive Limit and Limited Quantity Index 5
Passenger Carrying Road or Rail Index 5
DOT Classification
TDG Classification
IMDG
IATA
:
:
:
:
Section 15. Regulatory information
U.S. Federal regulations
Clean Water Act (CWA) 311: Ammonium Hydroxide; ammonia
Clean Air Act (CAA) 112 regulated toxic substances: ammonia :
Clean Air Act Section 112
(b) Hazardous Air
Pollutants (HAPs)
: Not listed
Clean Air Act Section 602
Class I Substances
: Not listed
Clean Air Act Section 602
Class II Substances
: Not listed
DEA List I Chemicals
(Precursor Chemicals)
: Not listed
DEA List II Chemicals
(Essential Chemicals)
: Not listed
TSCA 8(a) CDR Exempt/Partial exemption: Not determined
SARA 302/304
ammonia 20 - 30 Yes. 500 - 100 -
Composition/information on ingredients
Name % EHS (lbs) (gallons) (lbs) (gallons)
SARA 302 TPQ SARA 304 RQ
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EXHIBIT 1
EXHIBIT H
1609
Aqua Ammonia (20-30%)
Section 15. Regulatory information
The following components are listed: AMMONIUM HYDROXIDE; HOUSEHOLD AMMONIA; AMMONIUM WATER; AMMONIA
This product does not require a Safe Harbor warning under California Prop. 65.
Massachusetts :
SARA 313
Product name CAS number %
SARA 313 notifications must not be detached from the SDS and any copying and redistribution of the SDS shall include copying and redistribution of the notice attached to copies of the SDS subsequently redistributed.
Ammonium Hydroxide 1336-21-6 100
ammonia 7664-41-7 20 - 30
Ammonium Hydroxide 1336-21-6 100
ammonia 7664-41-7 20 - 30
Form R - Reporting
requirements
Supplier notification
California Prop. 65
New York : The following components are listed: Ammonium hydroxide; Ammonia New Jersey : The following components are listed: AMMONIUM HYDROXIDE; AMMONIA Pennsylvania : The following components are listed: AMMONIUM HYDROXIDE; AMMONIA State regulations
SARA 304 RQ : 400 lbs / 181.6 kg [997.4 gal / 3775.5 L] SARA 311/312
Classification : Refer to Section 2: Hazards Identification of this SDS for classification of substance.
International regulations
Chemical Weapon Convention List Schedules I, II & III Chemicals Montreal Protocol
Not listed.
Stockholm Convention on Persistent Organic Pollutants
Not listed.
Rotterdam Convention on Prior Informed Consent (PIC)
Not listed.
UNECE Aarhus Protocol on POPs and Heavy Metals
Not listed.
Inventory list
Australia : All components are listed or exempted.
Canada : All components are listed or exempted.
China : All components are listed or exempted.
Japan : Japan inventory (CSCL): All components are listed or exempted.
Japan inventory (ISHL): Not determined.
Republic of Korea : All components are listed or exempted.
New Zealand : All components are listed or exempted.
Philippines : All components are listed or exempted.
Taiwan : All components are listed or exempted.
Turkey : Not determined.
United States : All components are active or exempted.
Thailand : All components are listed or exempted.
Viet Nam : All components are listed or exempted.
Not listed.
Eurasian Economic Union : Russian Federation inventory: Not determined.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 11/13
EXHIBIT 1
EXHIBIT H
1610
Aqua Ammonia (20-30%)
Section 16. Other information
4/16/2024
History
Date of printing
Date of issue/Date of
revision
Version
Date of previous issue
:
:
:
:
References : Not available.
Key to abbreviations : ATE = Acute Toxicity Estimate
BCF = Bioconcentration Factor
GHS = Globally Harmonized System of Classification and Labelling of Chemicals IATA = International Air Transport Association
IBC = Intermediate Bulk Container
IMDG = International Maritime Dangerous Goods
LogPow = logarithm of the octanol/water partition coefficient MARPOL = International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978. ("Marpol" = marine pollution) UN = United Nations
4/16/2024
4/10/2024
0.12 Hazardous Material Information System (U.S.A.)
3 0
0 0
0 3
/
National Fire Protection Association (U.S.A.)
Health
Special
Instability/Reactivity
Flammability
Health
Flammability
Physical hazards
Caution: HMIS® ratings are based on a 0-4 rating scale, with 0 representing minimal hazards or risks, and 4 representing significant hazards or risks. Although HMIS® ratings and the associated label are not required on SDSs or products leaving a facility under 29 CFR 1910.1200, the preparer may choose to provide them. HMIS® ratings are to be used with a fully implemented HMIS® program. HMIS® is a registered trademark and service mark of the American Coatings Association, Inc.
The customer is responsible for determining the PPE code for this material. For more information on HMIS® Personal Protective Equipment (PPE) codes, consult the HMIS® Implementation Manual.
Reprinted with permission from NFPA 704-2001, Identification of the Hazards of Materials for Emergency Response Copyright ©1997, National Fire Protection Association, Quincy, MA 02269. This reprinted material is not the complete and official position of the National Fire Protection Association, on the referenced subject which is represented only by the standard in its entirety.
Copyright ©2001, National Fire Protection Association, Quincy, MA 02269. This warning system is intended to be interpreted and applied only by properly trained individuals to identify fire, health and reactivity hazards of chemicals. The user is referred to certain limited number of chemicals with recommended classifications in NFPA 49 and NFPA 325, which would be used as a guideline only. Whether the chemicals are classified by NFPA or not, anyone using the 704 systems to classify chemicals does so at their own risk.
Procedure used to derive the classification
Classification Justification
ACUTE TOXICITY (oral) - Category 4 Expert judgment
ACUTE TOXICITY (inhalation) - Category 4 Expert judgment SKIN CORROSION - Category 1B Expert judgment
SERIOUS EYE DAMAGE - Category 1 SKIN CORROSION/
IRRITATION
SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) (Respiratory tract irritation) - Category 3
Calculation method
AQUATIC HAZARD (ACUTE) - Category 1 Calculation method
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 12/13
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EXHIBIT H
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Aqua Ammonia (20-30%)
Section 16. Other information
Notice to reader
To the best of our knowledge, the information contained herein is accurate. However, neither the above-named supplier, nor any of its subsidiaries, assumes any liability whatsoever for the accuracy or completeness of the information contained herein.
Final determination of suitability of any material is the sole responsibility of the user. All materials may present unknown hazards and should be used with caution. Although certain hazards are described herein, we cannot guarantee that these are the only hazards that exist.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/10/2024 Version : 0.12 13/13
EXHIBIT 1
EXHIBIT H
1612
Aqua Ammonia (5-19.9%)
Aqua Ammonia, Ammonium Hydroxide
Liquid.
SAFETY DATA SHEET
GHS product identifier
Other means of
identification
Product type
Section 1. Identification
:
:
:
Supplier's details :
Aqua Ammonia (5-19.9%)
Product use : Synthetic/Analytical chemistry.
Synonym : Aqua Ammonia, Ammonium Hydroxide
SDS # : 001196
24-hour telephone :
Airgas USA, LLC and its affiliates
259 North Radnor-Chester Road
Suite 100
Radnor, PA 19087-5283
1-610-687-5253
Inside the US: 1-800-424-9300 (Chemtrec, 24 hours)
Outside the US: 1-703-527-3887 (Chemtrec, 24 hours)
Airgas Emergency Response Center 1-866-734-3438
Section 2. Hazards identification
ACUTE TOXICITY (oral) - Category 4
ACUTE TOXICITY (inhalation) - Category 4
SKIN CORROSION - Category 1B
SERIOUS EYE DAMAGE - Category 1
SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) (Respiratory tract irritation) - Category 3
AQUATIC HAZARD (ACUTE) - Category 1
Classification of the
substance or mixture
:
Signal word : Danger
Hazard statements : Harmful if swallowed or if inhaled.
Causes severe skin burns and eye damage.
May cause respiratory irritation.
Very toxic to aquatic life.
Hazard pictograms :
Precautionary statements
Prevention : Wear protective gloves, protective clothing and eye or face protection. Use only outdoors or in a well-ventilated area. Avoid release to the environment. Avoid breathing vapor. Do not eat, drink or smoke when using this product. Wash thoroughly after handling.
Response : Collect spillage. IF INHALED: Remove person to fresh air and keep comfortable for breathing. Immediately call a POISON CENTER or doctor. IF SWALLOWED:
Immediately call a POISON CENTER or doctor. Rinse mouth. Do NOT induce vomiting.
IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water. Immediately call a POISON CENTER or doctor. Wash contaminated clothing before reuse. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a POISON CENTER or doctor.
Storage : Store locked up. Store in a well-ventilated place. Keep container tightly closed.
GHS label elements
General :
OSHA/HCS status : This material is considered hazardous by the OSHA Hazard Communication Standard (29 CFR 1910.1200).
Read label before use. Keep out of reach of children. If medical advice is needed, have product container or label at hand.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 1/13
EXHIBIT 1
EXHIBIT H
1613
Aqua Ammonia (5-19.9%)
Section 2. Hazards identification
Disposal : Dispose of contents and container in accordance with all local, regional, national and international regulations.
Hazards not otherwise
classified
: None known.
Section 3. Composition/information on ingredients
Other means of
identification
: Aqua Ammonia, Ammonium Hydroxide
Substance/mixture : Mixture
Product code : 001196
Ingredient name % CAS number
There are no additional ingredients present which, within the current knowledge of the supplier and in the concentrations applicable, are classified as hazardous to health or the environment and hence require reporting in this section.
Occupational exposure limits, if available, are listed in Section 8.
Any concentration shown as a range is to protect confidentiality or is due to batch variation.
Ammonium Hydroxide 100 1336-21-6
Water 80.1 - 95 7732-18-5
Ammonia 5 - 19.5 7664-41-7
Get medical attention immediately. Call a poison center or physician. Wash out mouth with water. Remove dentures if any. If material has been swallowed and the exposed person is conscious, give small quantities of water to drink. Stop if the exposed person feels sick as vomiting may be dangerous. Do not induce vomiting unless directed to do so by medical personnel. If vomiting occurs, the head should be kept low so that vomit does not enter the lungs. Chemical burns must be treated promptly by a physician.
Never give anything by mouth to an unconscious person. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway.
Loosen tight clothing such as a collar, tie, belt or waistband.
Get medical attention immediately. Call a poison center or physician. Immediately flush eyes with plenty of water, occasionally lifting the upper and lower eyelids. Check for and remove any contact lenses. Continue to rinse for at least 10 minutes. Chemical burns must be treated promptly by a physician.
Get medical attention immediately. Call a poison center or physician. Flush contaminated skin with plenty of water. Remove contaminated clothing and shoes.
Wash contaminated clothing thoroughly with water before removing it, or wear gloves.
Continue to rinse for at least 10 minutes. Chemical burns must be treated promptly by a physician. Wash clothing before reuse. Clean shoes thoroughly before reuse.
Get medical attention immediately. Call a poison center or physician. Remove victim to fresh air and keep at rest in a position comfortable for breathing. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. If not breathing, if breathing is irregular or if respiratory arrest occurs, provide artificial respiration or oxygen by trained personnel. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway. Loosen tight clothing such as a collar, tie, belt or waistband. In case of inhalation of decomposition products in a fire, symptoms may be delayed. The exposed person may need to be kept under medical surveillance for 48 hours.
Section 4. First aid measures
Eye contact
Skin contact
Inhalation
Ingestion :
:
:
:
Description of necessary first aid measures
Most important symptoms/effects, acute and delayed
Inhalation : Harmful if inhaled. May cause respiratory irritation.
Eye contact : Causes serious eye damage.
Potential acute health effects
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 2/13
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Aqua Ammonia (5-19.9%)
Section 4. First aid measures
Protection of first-aiders : No action shall be taken involving any personal risk or without suitable training. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation. Wash contaminated clothing thoroughly with water before removing it, or wear gloves.
Notes to physician : In case of inhalation of decomposition products in a fire, symptoms may be delayed.
The exposed person may need to be kept under medical surveillance for 48 hours.
Specific treatments : No specific treatment.
Ingestion : Harmful if swallowed.
Skin contact : Causes severe burns.
Over-exposure signs/symptoms
Skin contact
Ingestion
Inhalation Adverse symptoms may include the following:
respiratory tract irritation
coughing
Adverse symptoms may include the following:
stomach pains
Adverse symptoms may include the following:
pain or irritation
redness
blistering may occur
:
:
:
Eye contact : Adverse symptoms may include the following:
pain
watering
redness
See toxicological information (Section 11)
Indication of immediate medical attention and special treatment needed, if necessary Frostbite : Try to warm up the frozen tissues and seek medical attention.
Section 5. Fire-fighting measures
Promptly isolate the scene by removing all persons from the vicinity of the incident if there is a fire. No action shall be taken involving any personal risk or without suitable training.
Hazardous thermal
decomposition products
Specific hazards arising
from the chemical
Decomposition products may include the following materials:
nitrogen oxides
In a fire or if heated, a pressure increase will occur and the container may burst. This material is very toxic to aquatic life. Fire water contaminated with this material must be contained and prevented from being discharged to any waterway, sewer or drain.
Fire-fighters should wear appropriate protective equipment and self-contained breathing apparatus (SCBA) with a full face-piece operated in positive pressure mode.
Special protective
equipment for fire-fighters
Use an extinguishing agent suitable for the surrounding fire.
Extinguishing media
:
:
:
None known.
Suitable extinguishing
media
:
Unsuitable extinguishing
media
:
Special protective actions
for fire-fighters
:
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 3/13
EXHIBIT 1
EXHIBIT H
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Aqua Ammonia (5-19.9%)
Section 6. Accidental release measures
Environmental precautions
Personal precautions, protective equipment and emergency procedures Stop leak if without risk. Move containers from spill area. Approach release from upwind. Prevent entry into sewers, water courses, basements or confined areas. Wash spillages into an effluent treatment plant or proceed as follows. Contain and collect spillage with non-combustible, absorbent material e.g. sand, earth, vermiculite or diatomaceous earth and place in container for disposal according to local regulations (see Section 13). Dispose of via a licensed waste disposal contractor. Contaminated absorbent material may pose the same hazard as the spilled product. Note: see Section 1 for emergency contact information and Section 13 for waste disposal. :
: No action shall be taken involving any personal risk or without suitable training.
Evacuate surrounding areas. Keep unnecessary and unprotected personnel from entering. Do not touch or walk through spilled material. Do not breathe vapor or mist.
Provide adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Put on appropriate personal protective equipment.
Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. Inform the relevant authorities if the product has caused environmental pollution (sewers, waterways, soil or air). Water polluting material. May be harmful to the environment if released in large quantities. Collect spillage.
Large spill :
Stop leak if without risk. Move containers from spill area. Dilute with water and mop up if water-soluble. Alternatively, or if water-insoluble, absorb with an inert dry material and place in an appropriate waste disposal container. Dispose of via a licensed waste disposal contractor.
Small spill :
Methods and materials for containment and cleaning up
For non-emergency
personnel
For emergency responders : If specialized clothing is required to deal with the spillage, take note of any information in Section 8 on suitable and unsuitable materials. See also the information in "For nonemergency personnel".
Section 7. Handling and storage
Advice on general
occupational hygiene
Conditions for safe storage,
including any
incompatibilities
Eating, drinking and smoking should be prohibited in areas where this material is handled, stored and processed. Workers should wash hands and face before eating, drinking and smoking. Remove contaminated clothing and protective equipment before entering eating areas. See also Section 8 for additional information on hygiene measures.
Store in accordance with local regulations. Store in original container protected from direct sunlight in a dry, cool and well-ventilated area, away from incompatible materials (see Section 10) and food and drink. Store locked up. Keep container tightly closed and sealed until ready for use. Containers that have been opened must be carefully resealed and kept upright to prevent leakage. Do not store in unlabeled containers.
Use appropriate containment to avoid environmental contamination. See Section 10 for incompatible materials before handling or use.
:
:
Protective measures Put on appropriate personal protective equipment (see Section 8). Do not get in eyes or on skin or clothing. Use only with adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Avoid release to the environment. Do not ingest.
Empty containers retain product residue and can be hazardous. Keep in the original container or an approved alternative made from a compatible material, kept tightly closed when not in use. Do not reuse container. Do not breathe vapor or mist. :
Precautions for safe handling
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 4/13
EXHIBIT 1
EXHIBIT H
1616
Aqua Ammonia (5-19.9%)
Ammonium Hydroxide None.
Water None.
Ammonia California PEL for Chemical Contaminants (
Table AC-1) (United States).
PEL: 25 ppm 8 hours.
STEL: 35 ppm 15 minutes.
ACGIH TLV (United States, 1/2022).
[Ammonia]
TWA: 25 ppm 8 hours.
TWA: 17 mg/m³ 8 hours.
STEL: 35 ppm 15 minutes.
STEL: 24 mg/m³ 15 minutes.
OSHA PEL 1989 (United States, 3/1989).
[Ammonia]
STEL: 35 ppm 15 minutes.
STEL: 27 mg/m³ 15 minutes.
NIOSH REL (United States, 10/2020).
[AMMONIA]
TWA: 25 ppm 10 hours.
TWA: 18 mg/m³ 10 hours.
STEL: 35 ppm 15 minutes.
STEL: 27 mg/m³ 15 minutes.
OSHA PEL (United States, 5/2018).
[Ammonia]
TWA: 50 ppm 8 hours.
TWA: 35 mg/m³ 8 hours.
CAL OSHA PEL (United States, 5/2018).
STEL: 27 mg/m³ 15 minutes.
STEL: 35 ppm 15 minutes.
TWA: 18 mg/m³ 8 hours.
TWA: 25 ppm 8 hours.
Section 8. Exposure controls/personal protection
Ingredient name Exposure limits
Safety eyewear complying with an approved standard should be used when a risk assessment indicates this is necessary to avoid exposure to liquid splashes, mists, gases or dusts. If contact is possible, the following protection should be worn, unless the assessment indicates a higher degree of protection: chemical splash goggles and/ or face shield. If inhalation hazards exist, a full-face respirator may be required instead.
Eye/face protection :
Environmental exposure
controls
: Emissions from ventilation or work process equipment should be checked to ensure they comply with the requirements of environmental protection legislation. In some cases, fume scrubbers, filters or engineering modifications to the process equipment will be necessary to reduce emissions to acceptable levels.
Appropriate engineering
controls
: Use only with adequate ventilation. Use process enclosures, local exhaust ventilation or other engineering controls to keep worker exposure to airborne contaminants below any recommended or statutory limits.
Wash hands, forearms and face thoroughly after handling chemical products, before eating, smoking and using the lavatory and at the end of the working period.
Appropriate techniques should be used to remove potentially contaminated clothing.
Wash contaminated clothing before reusing. Ensure that eyewash stations and safety showers are close to the workstation location.
Hygiene measures :
Control parameters
Individual protection measures
Occupational exposure limits
Skin protection
Biological exposure indices
No exposure indices known.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 5/13
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EXHIBIT H
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Aqua Ammonia (5-19.9%)
Section 8. Exposure controls/personal protection
Hand protection
Based on the hazard and potential for exposure, select a respirator that meets the appropriate standard or certification. Respirators must be used according to a respiratory protection program to ensure proper fitting, training, and other important aspects of use.
Chemical-resistant, impervious gloves complying with an approved standard should be worn at all times when handling chemical products if a risk assessment indicates this is necessary. Considering the parameters specified by the glove manufacturer, check during use that the gloves are still retaining their protective properties. It should be noted that the time to breakthrough for any glove material may be different for different glove manufacturers. In the case of mixtures, consisting of several substances, the protection time of the gloves cannot be accurately estimated.
Respiratory protection :
:
Body protection Personal protective equipment for the body should be selected based on the task being performed and the risks involved and should be approved by a specialist before handling this product.
:
Other skin protection : Appropriate footwear and any additional skin protection measures should be selected based on the task being performed and the risks involved and should be approved by a specialist before handling this product.
Section 9. Physical and chemical properties
Physical state
Melting point
Relative density
Liquid.
-30.8 dF (19.3% soln.)
Specific Gravity (SG): 0.9278 (19.5% @ 60 deg. F)
Odor Pungent.
pH
Color Clear liquid. Ammonia vapor is clear or fog-like.
Evaporation rate Not available.
Auto-ignition temperature
Flash point
651°C (1203.8°F)
Not available.
Not applicable.
11.6 for 1.7% NH3 soln. in water
Odor threshold 5 ppm
Partition coefficient: noctanol/water
:
:
:
:
:
:
:
:
:
:
:
Appearance
Boiling point : 120 dF (19.7% soln.)
Flammability (solid, gas) : Aqua soln. is not flammable; Ammonia vapor is flammable @16-25% ammonia concentration in air.
Lower and upper explosive
(flammable) limits
: Lower: 16%
Upper: 25%
Decomposition temperature : Not available.
Solubility in water : Not available.
Flow time (ISO 2431) : Not available.
Vapor pressure
Vapor density Relative Vapor Density: 0.6 (ammonia) [ Air = 1 ] : 1 atm. @ 120 dF; 19.7% solution
:
Gas Density (lb/ft 3) : 0.0481
Critical temperature : Not available.
Section 10. Stability and reactivity
Chemical stability : The product is stable.
Possibility of hazardous
reactions
: Under normal conditions of storage and use, hazardous reactions will not occur.
Reactivity : No specific test data related to reactivity available for this product or its ingredients.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 6/13
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Aqua Ammonia (5-19.9%)
Section 10. Stability and reactivity
Hazardous decomposition
products
Conditions to avoid Do not cut, weld, braze, drill, grind, or heat vessels.
Under normal conditions of storage and use, hazardous decomposition products should not be produced.
No specific data.
:
:
Incompatible materials :
Hazardous polymerization : Under normal conditions of storage and use, hazardous polymerization will not occur.
Section 11. Toxicological information
Acute toxicity
ammonium hydroxide LD50 Oral Rat 350 mg/kg - ammonia LC50 Inhalation Gas. Rat 7338 ppm 1 hours Product/ingredient name Result Species Dose Exposure
Carcinogenicity
Not available.
Mutagenicity
Not available.
Teratogenicity
Not available.
Reproductive toxicity
Not available.
Irritation/Corrosion
ammonium hydroxide Eyes - Severe irritant Rabbit - 0.5 minutes 1 mg
- Eyes - Severe irritant Rabbit - 250 ug -
Product/ingredient name Result Score Exposure Observation Sensitization
Not available.
Species
Information on the likely
routes of exposure
Inhalation : Harmful if inhaled. May cause respiratory irritation.
Skin contact : Causes severe burns.
Eye contact : Causes serious eye damage.
Specific target organ toxicity (single exposure)
Specific target organ toxicity (repeated exposure)
ammonium hydroxide Category 3 - Respiratory tract
irritation
Name Category
Not available.
Aspiration hazard
Not available.
Route of
exposure
Target organs
Information on toxicological effects
: Not available.
Potential acute health effects
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 7/13
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Aqua Ammonia (5-19.9%)
Section 11. Toxicological information
Not available.
Ingestion : Harmful if swallowed.
General : No known significant effects or critical hazards.
Carcinogenicity : No known significant effects or critical hazards.
Mutagenicity : No known significant effects or critical hazards.
Teratogenicity : No known significant effects or critical hazards.
Developmental effects : No known significant effects or critical hazards.
Fertility effects : No known significant effects or critical hazards.
Symptoms related to the physical, chemical and toxicological characteristics Skin contact
Ingestion
Inhalation Adverse symptoms may include the following:
respiratory tract irritation
coughing
Adverse symptoms may include the following:
stomach pains
Adverse symptoms may include the following:
pain or irritation
redness
blistering may occur
:
:
:
Eye contact : Adverse symptoms may include the following:
pain
watering
redness
Potential chronic health effects
Delayed and immediate effects and also chronic effects from short and long term exposure Numerical measures of toxicity
Oral 500 mg/kg
Inhalation (gases) 4500 ppm
Route ATE value
Acute toxicity estimates
Potential immediate
effects
: Not available.
Short term exposure
Potential delayed effects : Not available.
Potential immediate
effects
: Not available.
Long term exposure
Potential delayed effects : Not available.
Section 12. Ecological information
Toxicity
ammonium hydroxide Acute LC50 37 ppm Fresh water Fish - Gambusia affinis - Adult 96 hours ammonia Acute EC50 29.2 mg/l Marine water Algae - Ulva fasciata - Zoea 96 hours Acute LC50 2080 µg/l Fresh water Crustaceans - Gammarus pulex 48 hours Acute LC50 0.53 ppm Fresh water Daphnia - Daphnia magna 48 hours Acute LC50 300 µg/l Fresh water Fish - Hypophthalmichthys nobilis 96 hours Chronic NOEC 0.204 mg/l Marine water Fish - Dicentrarchus labrax 62 days Product/ingredient name Result Species Exposure
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 8/13
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Aqua Ammonia (5-19.9%)
Section 12. Ecological information
LogPow BCF Potential
Bioaccumulative potential
Other adverse effects : No known significant effects or critical hazards.
Product/ingredient name
WATER -1.38 - Low
Persistence and degradability
Soil/water partition
coefficient (KOC)
: Not available.
Mobility in soil
Not available.
Section 13. Disposal considerations
The generation of waste should be avoided or minimized wherever possible. Disposal of this product, solutions and any by-products should at all times comply with the requirements of environmental protection and waste disposal legislation and any regional local authority requirements. Dispose of surplus and non-recyclable products via a licensed waste disposal contractor. Waste should not be disposed of untreated to the sewer unless fully compliant with the requirements of all authorities with jurisdiction.
Waste packaging should be recycled. Incineration or landfill should only be considered when recycling is not feasible. This material and its container must be disposed of in a safe way. Care should be taken when handling emptied containers that have not been cleaned or rinsed out. Empty containers or liners may retain some product residues.
Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers.
Disposal methods :
Section 14. Transport information
Ammonia solution
8 III
AMMONIA
SOLUTION
8 III
Ammonia solution
UN2672
8 III
UN2672 UN2672
DOT IMDG IATA
UN number
UN proper
shipping name
Transport
hazard class(es)
Packing group
Additional information
Environmental
hazards
Yes. Yes. Yes. The
environmentally
hazardous
substance mark is
not required.
TDG
UN2672
AMMONIA
SOLUTION
8 III
Yes.
Mexico
UN2672
AMONIACO EN
SOLUCION
8 III
Yes. The
environmentally
hazardous
substance mark is
not required.
“Refer to CFR 49 (or authority having jurisdiction) to determine the information required for shipment of the product.”
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 9/13
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Aqua Ammonia (5-19.9%)
Section 14. Transport information
This product is not regulated as a marine pollutant when transported on inland waterways in sizes of ≤5 L or ≤5 kg or by road, rail, or inland air in non-bulk sizes, provided the packagings meet the general provisions of §§ 173.24 and 173.24a.
Reportable quantity 1000 lbs / 454 kg [2493.4 gal / 9438.7 L]. Package sizes shipped in quantities less than the product reportable quantity are not subject to the RQ (reportable quantity) transportation requirements.
Limited quantity Yes.
Packaging instruction Exceptions: 154. Non-bulk: 203. Bulk: 241.
Quantity limitation Passenger aircraft/rail: 5 L. Cargo aircraft: 60 L.
Special provisions 336, IB3, IP8, T7, TP2
The marine pollutant mark is not required when transported in sizes of ≤5 L or ≤5 kg.
Emergency schedules F-A, _S-B_
The environmentally hazardous substance mark may appear if required by other transportation regulations.
Quantity limitation Passenger and Cargo Aircraft: 5 L. Packaging instructions: 852.
Cargo Aircraft Only: 60 L. Packaging instructions: 856. Limited Quantities - Passenger Aircraft: 1 L. Packaging instructions: Y841.
Special provisions A64, A803
Special precautions for user
Transport in bulk according
to IMO instruments
Transport within user’s premises: always transport in closed containers that are upright and secure. Ensure that persons transporting the product know what to do in the event of an accident or spillage.
: Not available.
:
Product classified as per the following sections of the Transportation of Dangerous Goods Regulations: 2.40-2.42 (Class 8), 2.7 (Marine pollutant mark).
The marine pollutant mark is not required when transported by road or rail.
Explosive Limit and Limited Quantity Index 5
Passenger Carrying Road or Rail Index 5
DOT Classification
TDG Classification
IMDG
IATA
:
:
:
:
Section 15. Regulatory information
U.S. Federal regulations
Clean Water Act (CWA) 311: Ammonium Hydroxide; ammonia
Clean Air Act (CAA) 112 regulated toxic substances: ammonia :
Clean Air Act Section 112
(b) Hazardous Air
Pollutants (HAPs)
: Not listed
Clean Air Act Section 602
Class I Substances
: Not listed
Clean Air Act Section 602
Class II Substances
: Not listed
DEA List I Chemicals
(Precursor Chemicals)
: Not listed
DEA List II Chemicals
(Essential Chemicals)
: Not listed
TSCA 8(a) CDR Exempt/Partial exemption: Not determined
SARA 302/304
ammonia 5 - 19.5 Yes. 500 - 100 -
Composition/information on ingredients
Name % EHS (lbs) (gallons) (lbs) (gallons)
SARA 302 TPQ SARA 304 RQ
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Aqua Ammonia (5-19.9%)
Section 15. Regulatory information
The following components are listed: AMMONIUM HYDROXIDE; HOUSEHOLD AMMONIA; AMMONIUM WATER; AMMONIA
This product does not require a Safe Harbor warning under California Prop. 65.
Massachusetts :
SARA 313
Product name CAS number %
SARA 313 notifications must not be detached from the SDS and any copying and redistribution of the SDS shall include copying and redistribution of the notice attached to copies of the SDS subsequently redistributed.
Ammonium Hydroxide 1336-21-6 100
ammonia 7664-41-7 5 - 19.5
Ammonium Hydroxide 1336-21-6 100
ammonia 7664-41-7 5 - 19.5
Form R - Reporting
requirements
Supplier notification
California Prop. 65
New York : The following components are listed: Ammonium hydroxide; Ammonia New Jersey : The following components are listed: AMMONIUM HYDROXIDE; AMMONIA Pennsylvania : The following components are listed: AMMONIUM HYDROXIDE; AMMONIA State regulations
SARA 304 RQ : 816.3 lbs / 370.6 kg [2035.5 gal / 7705 L] SARA 311/312
Classification : Refer to Section 2: Hazards Identification of this SDS for classification of substance.
International regulations
Chemical Weapon Convention List Schedules I, II & III Chemicals Montreal Protocol
Not listed.
Stockholm Convention on Persistent Organic Pollutants
Not listed.
Rotterdam Convention on Prior Informed Consent (PIC)
Not listed.
UNECE Aarhus Protocol on POPs and Heavy Metals
Not listed.
Inventory list
Australia : All components are listed or exempted.
Canada : All components are listed or exempted.
China : All components are listed or exempted.
Japan : Japan inventory (CSCL): All components are listed or exempted.
Japan inventory (ISHL): Not determined.
Republic of Korea : All components are listed or exempted.
New Zealand : All components are listed or exempted.
Philippines : All components are listed or exempted.
Taiwan : All components are listed or exempted.
Turkey : Not determined.
United States : All components are active or exempted.
Thailand : All components are listed or exempted.
Viet Nam : All components are listed or exempted.
Not listed.
Eurasian Economic Union : Russian Federation inventory: Not determined.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 11/13
EXHIBIT 1
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Aqua Ammonia (5-19.9%)
Section 16. Other information
4/16/2024
History
Date of printing
Date of issue/Date of
revision
Version
Date of previous issue
:
:
:
:
References : Not available.
Key to abbreviations : ATE = Acute Toxicity Estimate
BCF = Bioconcentration Factor
GHS = Globally Harmonized System of Classification and Labelling of Chemicals IATA = International Air Transport Association
IBC = Intermediate Bulk Container
IMDG = International Maritime Dangerous Goods
LogPow = logarithm of the octanol/water partition coefficient MARPOL = International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978. ("Marpol" = marine pollution) UN = United Nations
4/16/2024
4/11/2024
0.15 Hazardous Material Information System (U.S.A.)
3 0
0 0
0 3
/
National Fire Protection Association (U.S.A.)
Health
Special
Instability/Reactivity
Flammability
Health
Flammability
Physical hazards
Caution: HMIS® ratings are based on a 0-4 rating scale, with 0 representing minimal hazards or risks, and 4 representing significant hazards or risks. Although HMIS® ratings and the associated label are not required on SDSs or products leaving a facility under 29 CFR 1910.1200, the preparer may choose to provide them. HMIS® ratings are to be used with a fully implemented HMIS® program. HMIS® is a registered trademark and service mark of the American Coatings Association, Inc.
The customer is responsible for determining the PPE code for this material. For more information on HMIS® Personal Protective Equipment (PPE) codes, consult the HMIS® Implementation Manual.
Reprinted with permission from NFPA 704-2001, Identification of the Hazards of Materials for Emergency Response Copyright ©1997, National Fire Protection Association, Quincy, MA 02269. This reprinted material is not the complete and official position of the National Fire Protection Association, on the referenced subject which is represented only by the standard in its entirety.
Copyright ©2001, National Fire Protection Association, Quincy, MA 02269. This warning system is intended to be interpreted and applied only by properly trained individuals to identify fire, health and reactivity hazards of chemicals. The user is referred to certain limited number of chemicals with recommended classifications in NFPA 49 and NFPA 325, which would be used as a guideline only. Whether the chemicals are classified by NFPA or not, anyone using the 704 systems to classify chemicals does so at their own risk.
Procedure used to derive the classification
Classification Justification
ACUTE TOXICITY (oral) - Category 4 Expert judgment
ACUTE TOXICITY (inhalation) - Category 4 Expert judgment SKIN CORROSION - Category 1B Expert judgment
SERIOUS EYE DAMAGE - Category 1 Expert judgment
SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) (Respiratory tract irritation) - Category 3
Calculation method
AQUATIC HAZARD (ACUTE) - Category 1 Calculation method
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 12/13
EXHIBIT 1
EXHIBIT H
1624
Aqua Ammonia (5-19.9%)
Section 16. Other information
Notice to reader
To the best of our knowledge, the information contained herein is accurate. However, neither the above-named supplier, nor any of its subsidiaries, assumes any liability whatsoever for the accuracy or completeness of the information contained herein.
Final determination of suitability of any material is the sole responsibility of the user. All materials may present unknown hazards and should be used with caution. Although certain hazards are described herein, we cannot guarantee that these are the only hazards that exist.
Date of issue/Date of revision : 4/16/2024 Date of previous issue Contract for Purchase of Aqueous Ammonia : 4/11/2024 Version : 0.15 13/13
EXHIBIT 1
EXHIBIT H
1625
Docusign Envelope ID: A7E1AEC5-2AA2-479D-A5D4-CB1CEDA07505
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City") and Agreement Number:
Univar Solutions USA, LLC. ("Contractor") to provide Sodium Bisulfite as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: July 1, 2026 Terminates on: June 30, 2027
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ I 781,000.00 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms and Conditions
(d) Exhibit D - Goods and Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Discrimination and Harassment Policy (HR-15) (h) Exhibit H - Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
univar solutions USA, LLC
n-::n ........... l!l't?t or's Name (if other than an individual, state whether a corporation, partnership, etc.):
po1,,,,., r8"-- March 9, 2026 I 14:06 PDT
Au Ignature Date
Tom Edman Sr. Director - BCD Product Management
Printed Name and Title of Person Signing
8201 S 212th St, Kent, WA 98032
Address
CITY OF STOCKTON
Johnny Ford, City Manager
ATTEST:
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Marci A. Arredondo, City Attorney
BY:
(Rev. 01.14.26)
Date
1 Contract for Sodium Bisulfite Purchase
EXHIBIT 2
1626
2 (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 specifications incorporated herein by reference from Exhibit H. 2 Project Scope.
The Contractor shall provide the goods and insurance as specified. The contractor shall supply Material Safety Data Sheets.
3 Notices.
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Univar Solutions USA, LLC City: City of Stockton Attn: Jennifer M. Perras Attn: City Manager
8201 S 212th Street 425 N. El Dorado Street
Kent, WA 98032 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. However, the total term of the Agreement including the extended term shall not exceed four (4) years. The price for any succeeding period of service shall be agreed upon by both parties.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1627
1 (REV 2025-06-04)
EXHIBIT B
INSURANCE REQUIREMENTS
(Chemical Sodium Bisulfite)
Contractor shall procure and maintain for the duration of the 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 should be maintained for a minimum 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 “occurrence” 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 aggregate 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 nonowned (Code 9) autos, with limit no less than $2,000,000 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/Pollution Liability applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1628
2 (REV 2025-06-04)
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, including 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 subcontractor 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) provision 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 satisfy 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 Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are 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 including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’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 Stockton, 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-insurance maintained by the City 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.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1629
3 (REV 2025-06-04)
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 Pollution 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 maintained 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-renewed, and not replaced with another claimsmade 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 reporting 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 Liability shall not contain lead-based paint or asbestos exclusions. If the services involve 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 shall 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 provided 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 apply 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.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1630
4 (REV 2025-06-04)
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 certificates 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 listing 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 Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 Stockton 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. Contractor agrees to obtain any endorsement that may be necessary to affect 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, service, 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.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1631
5 (REV 2025-06-04)
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
425 N El Dorado Street
Stockton, CA 95202
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1632
1 (Rev. 11.7.2025)
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 services at the time, place and in the manner specified in Exhibit A of the Agreement.
2 City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3 Compensation. City shall pay Contractor for services 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 the invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by the City, Contractor shall have sixty (60) days in which to submit final invoice(s) for payment. An extension may be granted by the City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4 Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5 Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1633
2 (Rev. 11.7.2025)
expense. The Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than the performance of services 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 Agreement 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 the 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, the City will not be responsible for paying any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services. 8 Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties. 9 Contractor’s Status.
9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of the City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement.
Contractor shall be responsible to the City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to the City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement.
Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1634
3 (Rev. 11.7.2025)
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
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 the 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 will be bound by its terms. Contractor is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, 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 the Subcontractors’ personnel.
11 Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If 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 performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1635
4 (Rev. 11.7.2025)
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 option to either (a) cause this Agreement to be canceled or terminated pursuant 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 assign, 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 conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. 13 Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs, attorney fees, and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations 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 required herein 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 services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 17 Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’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 required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1636
5 (Rev. 11.7.2025)
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 reasonable 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 interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investments 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.
Pursuant to Government Code 1090, California Assembly Bill 334: Contractor or Consultants duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor or Consultants participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by the contractor pursuant to this agreement.
21 Waiver. In the event either City or Contractor at any time waives 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 Federal District Court of California, Eastern District, Sacramento Division.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1637
6 (Rev. 11.7.2025)
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.
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, ordinance 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 extent 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, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United 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 responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage 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.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1638
7 (Rev. 11.7.2025)
28 Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
29 Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30 Dispute Resolution; Attorney Fees. Any dispute arising out of or relating to the terms and provisions of this Agreement shall be addressed in good faith by the parties.
If a dispute cannot be resolved through informal negotiations, either party may pursue all remedies available under applicable law.
In the event of any dispute between the parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred, including reasonable attorneys’ fees. 31 Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement. 32 Entire Agreement, Integration, and Modification.
32.1 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.
32.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
33 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.
34 Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Contract for Sodium Bisulfite Purchase
EXHIBIT 2
EXHIBIT H
1639
1 (Rev. 11.7.2025)
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 fully and to the standard of performance 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 material, work, or thing delivered by one party to the other, including associated technical documentation.
A deliverable can be a tangible or intangible part 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 conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“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 Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent 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 project, but shall not weaken the character or intent of the GTC.
3 Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance
i) Contractor shall provide the Services and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F.
ii) Neither Contractor nor Contractor’s agents, employees, nor subcontractors are entitled to any damages from the City, nor is any party entitled to be Contract for Sodium Bisulfite Purchase
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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.
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 members of Contractor’s profession currently practicing under similar conditions. Contractors 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 federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration, or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary.
Contractor shall ensure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor 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 timely manner consistent with the requirements of this Agreement.
If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity. 5 Compensation.
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
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5.1.1 Contractor shall be compensated 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 compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6 Reports and Information.
Contractor shall, at such times and in such forms as the City may require, furnish the City with 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 therewith, and any other matters 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 Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable 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 reasonably 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 the Contractor must be as specified in Exhibit A and will be subject to inspection and approval of the City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, 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, the Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverables prior to inspection shall not constitute acceptance of the Deliverables. 9 Warranty.
Contractor warrants that (i) any Deliverable created or performed by Contractor for City Contract for Sodium Bisulfite Purchase
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under this Agreement will conform 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 manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of the Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
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 acceptance, the Deliverable delivered by the Contractor shall become the exclusive property of the City. The 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, advertising material, and any other personal property furnished by City to Contractor, or specifically 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 the City or shall dispose of this property only according to the City’s instructions.
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 to 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.
Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies/departments subject to the California Governor’s authority are directed to report to their contracting or grantor agency or department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.
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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 Department 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 work 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)].
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. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/publicworks/publicworks.html. In compliance with 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, Registration 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.
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13 Shipping Terms.
City shipment terms are F.O.B. Destination, 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 specified 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 individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately. City reserves the right to refuse, 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 Contractor liable for damages incurred due to the untimely delivery, including but not limited to the additional costs resultant from City procuring substitute Deliverables elsewhere.
15 Price and Quantities.
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the 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 $781,000.00 (hereafter the “not to exceed” amount). The “not to exceed” 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 Performance identified in Exhibit 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 will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services 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 adjustments 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 event 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 reason(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%) $3.10/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 address below:
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City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Email: [email protected];
[email protected]
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EXHIBIT F
TIMELINE
1 Contractor shall complete the requested services identified in Exhibit A as follows:
Contractor shall confirm all orders received by email or phone within twenty-four (24) hours of the request.
Orders are to be delivered on the date requested for delivery or on the soonest available date if the date requested is unavailable. If no date is requested, the order will be delivered within seven (7) days.
Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.
Contractor shall notify the City in advance of holiday closures that may affect order delivery.
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DISCRIMINATION AND HARASSMENT POLICY (HR-15)
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CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:
1. This Agreement is entered into between the City of Stockton (“City”) and Univar Solutions USA LLC. (“Contractor”) to provide Sodium Hydroxide as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: July 1, 2026 Terminates on: June 30, 2027
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 710,000.00
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms and Conditions
(d) Exhibit D – Goods and Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G – Discrimination and Harassment Policy (HR-15) (h) Exhibit H – Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Printed Name and Title of Person Signing
Address
CITY OF STOCKTON
Johnny Ford, City Manager Date
ATTEST:
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
0DUFL$$UUHGRQGR, City Attorney
BY:
Contract for Sodium Hydroxide