The URL can be used to link to this page

Home My WebLink AboutCA Water Technologies Agreement Ferric Chloride_RedactedAgreement Page 1 AGREEMENT This AGREEMENT is made and entered into in the City of San Luis Obispo on __________________ by and between the City of San Luis Obispo, a municipal corporation, hereinafter referred to as City, and California Water Technologies, LLC, hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, the City wants to purchase Ferric Chloride from Contractor. WHEREAS, Contractor is qualified to supply this chemical and has submitted a bid to do so, which has been accepted by City. NOW, Therefor, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from March 1, 2022 – February 28, 2023. 2. INCORPORATION BY REFERENCE City Specification No. 2022-23 and Contractor's proposal is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation of $774.30 per dry ton. The price shall be reset on Septebmer 1, 2022 according the specifications set forth in Exhibit A. 4. CONTRACTOR'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation as set forth in Exhibit A. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 2/22/2022 | 8:27 AM PST Agreement Page 2 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Utilities Department 879 Morro St. San Luis Obispo, CA 93401 Attn: Aleah Bergam (abergam@slocity.org) Contractor/Consultant California Water Technologies, LLC 8851 Dice Road Santa Fe Springs, CA 90670 Attn: Craig Mikkelson 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:_____________________________________ City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C EXHIBIT A DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C Notice Inviting Bids for Chemicals for Water and Wastewater Treatment Specification No. 2022-23 The City of San Luis Obispo is inviting bids for the supply and delivery of chemicals for the Water Treatment Plant, Water Resource Recovery Facility, and the Swim Center pursuant to Specification No. 2022-23. All interested bidders must register on BidSync at www.bidsync.com. Bids must be submitted on the City's BidSync site by 2 pm on February 1, 2022, when they will be opened electronically. Proposals received after said time may not be considered. Proposals shall be submitted using the forms provided in the specification package. All chemicals shall be "FREIGHT ON BOARD," delivered to 1990 Stenner Creek Road, San Luis Obispo, CA, 93405 (Water Treatment Plant) or 35 Prado Road (Water Resource Recovery Facility), or 900 Southwood Dr (Swim Center) San Luis Obispo, CA, 93401. All chemicals will be in accordance with applicable American Water Works Association standards and the attached specifications. Estimated quantities are listed on the attached Invitation for Bids. Special Note: All chemicals consigned to Stenner Creek Road address (Water Treatment Plant) must be accompanied by a certification of compliance with the specifications of the American National Sanitation Foundation Standard 60 concerning drinking water additives. Specification packages and additional information can be found on the BidSync website at www.BidSync.com. Please submit your questions to BidSync, where they will be answered publicly. Contact Daniel Clancy, Financial Analyst at dclancy@slocity.org with any questions. For technical issues with BidSync, please contact BidSync at (800)-990-9339. The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C Specification No. 2022-23 A. Description of Work 3 Liquid Alum 7 Sodium Silicofluoride 10 Sodium Hypochlorite 13 Sodium Bisulfite 16 Ferrous Chloride 18 Ferric Chloride 20 Sodium Hydroxide 22 Liquid Cationic Polymer 24 Liquid Muriatic Acid 27 Liquid Oxygen 29 B. General Terms and Conditions 31 Proposal Requirements 31 Contract Award and Execution 32 Contract Performance 32 C. Special Terms and Conditions 36 D. Agreement 39 E. Insurance Requirements 42 F. Bid Forms 45 G. References 46 H. Statement of Past Contract Disqualifications 47 TABLE OF CONTENTS DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 3 Section A All chemicals will be in accordance with applicable American Water Works Association standards and the attached specifications. All bids will be from March 1, 2022, through February 28, 2023 (12 months). The estimated quantities for 12 months are shown below. A. Specifications for each chemical are attached with additional details. ESTIMATED 12-MONTH QUANTITIES FOR EACH CITY TREATMENT FACILITY CHEMICAL WATER TREATMENT PLANT WATER RESOURCE RECOVERY FACILITY SWIM CENTER FACILITY 1. Liquid Alum Bulk tanker truck delivery 335 tons (125,000 gallons) none none 2. Sodium Silicofluoride 12 tons none none 3. Sodium Hypochlorite Solution (12.5 %) 68,000 gallons Bulk Tanker Truck Delivery 215,000 gallons* Bulk Tanker Truck Delivery 18,000 gallons Mini Bulk Tanker Delivery 4. Sodium Bisulfite Solution (25%) Bulk tanker truck delivery none 108,000 gallons* none 5. Ferrous Chloride (35%) Bulk tanker truck delivery none 15,000 gallons none 6. Ferric Chloride (40%) Bulk tanker truck None 10,000 gallons none 7. Sodium Hydroxide (25%) Bulk tanker truck delivery 35,000 gallons Shipments of 3,000 Gals. 200,000 gallons none 8. Liquid Cationic Polymer 28 tons (7,000 gallons) 5,000 gallons none 9. Liquid Muriatic Acid Mini Bulk Tanker Delivery none none 9,000 gallons 10. Liquid Oxygen-Lox 3.9 million standard cubic feet Bulk Tank Truck Delivery none none *The Water Resource Recovery Facility is currently under construction of a new treatment train. The new process will not require these chemicals and the estimated quantity is prorated to reflect this change. These estimates are based on the facilities demand from March 1, 2022 through October 31st, 2022. B. DELIVERY REQUIREMENTS DESCRIPTION OF WORK DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 4 1. The vendor will supply to the City of San Luis Obispo, upon delivery, an affidavit of compliance with these specifications (see each specification for more information about requirements for the contents of affidavit). 2. All chemical companies must provide notification of intended deliveries one day before the expected delivery dates. This notification may be by internet or phone, and must include the delivery driver's name, driver's license number, and expected time of delivery. Shipments received without this information may be refused. All delivery drivers must wait for facility staff to be present before off-loading and provide name, date, time, affiliation, chemical to be delivered and driver's license number. The plant staff must verify this information before off-loading. 3. Further delivery requirements are set forth in each chemical specification. C. CERTIFICATION REQUIRED WITH WATER TREATMENT PLANT CHEMICALS All chemicals consigned to Stenner Creek Road address (Water Treatment Plant) must be accompanied by a certification of compliance with the specifications of the American National Sanitation Foundation Standard 60, concerning drinking water additives. D. CERTAIN WATER TREATMENT CHEMICALS EXEMPT FROM STATE SALES TAX Certain chemicals used in the treatment of water are exempt from the State of California Sales Tax. Bidders should be aware of and plan to bill in compliance with the appropriate provisions of State law regarding the taxability of chemicals used to treat products for resale (reference: SALES AND USE TAX ANNOTATIONS, Sections 275 and 440). PRICE STRUCTURE A. If, during the contract term, the vendor is unable to meet contractual requirements in whole or in part based on the price structure of the contract, it shall immediately notify the CITY in writing to request a price increase. The notification shall specify the contractual requirements which cannot be met, the reason such contractual requirements cannot be met, supporting justification and market-based evidence to support the request, the offending price, and the requested price increase. The CITY shall have the right to require additional documentation and evidence from the vendor to support the requested price increase. Such notification shall not relieve the vendor of its responsibilities under the contract. THE CITY may, but is not required to, consider in its sole discretion an equitable adjustment in the contract terms and/or pricing. B. THE CITY, at its sole discretion, shall have the right to approve or deny the price increase request and shall have the right to negotiate with vendor on the requested increase. Vendor may include in their documentation evidence of price impacts on any component of contract delivery including but not limited to materials, transportation, labor, unforeseen statutory or regulatory mandates, or other impacts. Inclusion of this information by the vendor DOES NOT guarantee an approved price adjustment. Approval in part or in total will be at THE CITY’s sole discretion. C. In the event a price increase is authorized by THE CITY pursuant to section A, the CITY will not consider an additional price increase request by the vendor for a period of not less than 6 months. D. In the event a price increase is authorized by the CITY pursuant to section A and thereafter the circumstances that warranted such increase no longer exist, THE CITY and vendor agree that the CITY shall be entitled to the effective price prior to the increase for all orders thereafter. E. Increases solely to increase profit or margins shall not be considered. F. If the CITY, in its sole discretion, determines during the contract term that (i) the contract price structure is unworkable, detrimental, or injurious to the utility, or (ii) the contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the contract terms and/or pricing is mutually agreeable, the CITY may terminate the contract upon not less than five days’ written notice to the vendor. The effective date of termination shall be as specified in the written notification. G. Throughout the term of the contract, THE CITY shall have the right to conduct market research, review pricing indexes, and use other resources to review and verify contract pricing, vendor requested increases, and vendor provided information. Due to the inexactitudes of bulk chemical pricing data and that pricing can vary DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 5 considerably due to source location, grade, terms of sale (contract v. spot), delivery, and data source, all pricing scenarios lead to a best estimate price. To determine best estimate, the City and Supplier shall use the Producer Price Index for Water Treatment Compounds - WPU06790961 published by the St. Louis Fed at (https://fred.stlouisfed.org/series/WPU06790961) to determine any increase or decrease in the chemical price. The formula to determine price changes shall be as follows: Initial Contract Price x [(PPI at Current Date) / (PPI at Older Date)] = Updated Chemical Price OTHER CONTRACT REQUIREMENTS A. In addition to pricing, extreme market conditions may adversely impact other aspects of contract performance. The CITY will consider requests for contract amendments by the vendor if supported by documentation relating to delivery times and schedules, labor shortages, substitute products that meet the “equal to or better standard,” and other non-price related terms and conditions. However, the parties must mutually agree in writing to any such amendments. FORCE MAJEURE A. A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. B. Unless otherwise expressly agreed in the contract between the parties, where a party to a contract fails to perform one or more of its contractual duties, the consequences set out in subsection E-G below will follow if and to the extent that the party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment. C. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the contract. D. The vendor agrees that in the event of a delay or failure of performance by the vendor under the contract due to a force majeure occurrence: 1. The CITY may purchase products from other sources (without recourse to and by the vendor for the costs and expenses thereof) to replace all or part of the products which are the subject of the delay, which purchases may be deducted from the contract quantities without penalty or liability to the CITY, or 2. The vendor will provide The CITY and other governmental entities using this contract (“Authorized Users”) with access to products first in order to fulfill orders placed before the force majeure event occurred. E. Neither the vendor nor the CITY shall be liable to the other for any delay in or failure of performance under the contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the vendor and the CITY to be necessary to enable complete performance by the contracted vendor if reasonable diligence is exercised after the cause of delay or failure has been removed. F. Notwithstanding the above, at the discretion of the CITY where the delay or failure will significantly impair the value of the contract to the CITY or to Authorized Users, the CITY may terminate the contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the contract or the relative part thereof. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 6 G. In addition, the CITY reserves the right, in its sole discretion, to make an equitable adjustment in the contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. “Extreme and unforeseen volatility in the marketplace” is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of vendor; (ii) the volatility affects the marketplace or industry, not just the particular contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects vendor’s performance that continued performance of the contract would result in a substantial loss to the vendor. In the event of a dispute between the vendor and the CITY, such dispute shall be resolved in the State of California, however, that nothing in this clause shall excuse the vendor from performing in accordance with the contract as changed. Equitable adjustment may include adjustments financially or in any terms of contract performance at the CITY’s sole discretion. H. Vendor shall not be entitled to an adjustment in contract price or other non-price related items caused by or within the control of vendor. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of vendor. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 7 SPECIFICATION LIQUID ALUM (ALUMINUM SULFATE, SOLUTION) (Bulk Tanker Truck Delivery) 1. Requirement It is required that a contractor is established to furnish, in accordance with these specifications, all of the City's requirements for bulk liquid alum in two six-month terms, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General a. The liquid alum shall conform to the American Water Works Association's Standard for Liquid Alum, B403-16 or current revision; except as modified or supplemented herein. b. Dry weight (wt) shall be defined as: delivery wt (wet wt) X % Al203 (lab report) 17 3. Quality a. The liquid alum shall contain no substances in quantities capable of producing deleterious or injurious effects upon the health of those consuming the water to which the liquid alum has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations. b. The liquid alum delivered under this specification shall contain 7.3 + 1.2 percent as water-soluble Al203. 4. Affidavit of Compliance a. The Contractor shall submit an affidavit of compliance with these specifications for each delivery of liquid alum as delivered to the City's storage tanks. b. The affidavit of compliance shall contain: (1) percent by weight of Al203 (2) pounds of dry alum per gallon 5. Certified Laboratory Report a. A certified laboratory report shall be submitted before the first liquid alum delivery to the City, and when a significant change occurs in the Contractor's manufacturing process. This report shall contain the following: Percent by weight: Mass (mg) Al203; Arsenic Fe203; Cadmium Foreign sulfates; Chromium Excess water soluble Al203 Lead Excess water soluble Al; Mercury Suspended matter; and Selenium Pounds of dry alum per gallon Silver DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 8 b. Charges for the certified laboratory report shall be included in the bid price. 6. Quantity a. The estimated requirements for liquid alum, as listed on the "Invitation for Bid", will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. This specification intends to require the Contractor to furnish all the City's liquid alum requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the Contractor to an adjustment in the unit price or any other compensation. 7. Delivery The Contractor shall make deliveries of liquid alum upon request in single-unit cargo trailers of a minimum 4000-gallon capacity (approximately 26 tons wet weight basis) to the City of San Luis Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, California 93405. The Contractor shall make deliveries of liquid alum between the hours of 6:00 am to 12:00 pm. If the Contractor for any reason cannot make the delivery during the above stated hours, the Contractor shall notify the City and an alternate time will be scheduled. 8. Condition of Cargo Trailers a. All cargo trailers and appurtenant valves used for the delivery of the liquid alum, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. b. All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid alum shall be clean and free from contaminating material. If offloading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. c. All trailer ports used for the loading or delivery of liquid alum shall be secured with appropriate tamper-proof, security seal verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 9. Safety Requirement Truck drivers shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration when unloading the liquid alum. 10. Marking Each package shall carry a clear identification of the material and shall carry the current proper precautionary information as required. 11. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of liquid alum. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 9 c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of liquid alum. 12. Placement of Orders The City shall notify the Contractor a minimum of four (4) days in advance of the requirements for each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 10 SPECIFICATION SODIUM SILICOFLUORIDE 1. Requirement It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for sodium silicofluoride for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General The sodium silicofluoride shall conform with the American Water Works Association's Standard for sodium silicofluoride B702-11 or current revision; except as modified or supplemented herein. 3. Quality a. The sodium silicofluoride shall contain no substances in quantities capable of producing deleterious or injurious effects upon the health of those consuming the water to which the sodium silicofluoride has been added, or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations. b. The sodium silicofluoride, delivered under this specification, shall conform to the following: (1) Free of stones, sticks, paper, or particles of other foreign matter. (2) Not more than .05 percent of the "heavy metals", such as mercury, lead, bismuth and copper (expressed as lead (Pb), and no other soluble mineral or organic substance in quantities capable of producing deleterious or injurious effects. (3) The material shall be a fine, dry powder containing no lumps and shall be free-flowing and suitable for storage in closed hopper bins and for feeding with a standard dry feeder. (4) The material shall meet the following requirements at least 98 percent through US Standard Sieve No. 40, less than 25 percent through US Standard Sieve No. 325. (5) The sodium silicofluoride shall have a minimum of 98 percent (dry basis) sodium silicofluoride (NaSiF), which corresponds to approximately 59.4 percent fluoride ions. (6) The insoluble matter shall not exceed 0.5 percent. (7) Moisture shall not exceed 0.5 percent. A brand that has met all requirements previously is LCI LTD, KC Industries LLC, Mulberry, FL 33860. Any product supplied must be of at least equal quality. 4. Affidavit of Compliance a. The Contractor shall submit an affidavit of compliance with these specifications for each delivery of sodium silicofluoride as delivered to the City. b. The affidavit of compliance shall contain the following: Percent insoluble matter Percent moisture Percent (dry basis) sodium silicofluoride 5. Certified Laboratory Report DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 11 a. A certified laboratory report shall be submitted prior to the first sodium silicofluoride delivery to the City, and when a significant change occurs in the Contractor's process. This report shall contain the following: Percent insoluble matter Percent of moisture content Percent of heavy metals expressed as lead (Pb) Percent (dry basis) sodium silicofluoride Sieve analysis b. Charges for the certified laboratory reports shall be included in the bid price. 6. Quantity a. The estimated requirements for sodium silicofluoride, as listed on the "Invitation for Bid", will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. This specification intends to require the Contractor to furnish all the City's sodium silicofluoride requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the Contractor to an adjustment in the unit price or any other compensation. e. The typical quantity per order/delivery is 7500 lb. (150 – 50 lb. bags). 7. Delivery The Contractor shall make deliveries of sodium silicofluoride upon request to the City of San Luis Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, California, 93405. The Contractor shall make deliveries of sodium silicofluoride between the hours of 6:00 am to 12:00 pm. If the Contractor for any reason cannot make the delivery during the above stated hours, the Contractor shall notify the City and an alternate time will be scheduled. 8. Containers Sodium silicofluoride shall be shipped in bulk in 50 lb. bags. The net weight of packages shall not deviate from the recorded weight by more than 2.5 percent. 9. Condition of Containers a. All packages shall be carefully examined by the Contractor, before shipment. All packages shall be free from physical damage which will cause leakage of material. b. Packaged sodium silicofluoride shall be in multi-wall kraft bags, preferably constructed with a polyethylene moisture barrier for better protection during storage. 10. Packing The Contractor shall pack sodium silicofluoride in containers that comply in every respect with current Hazardous Material Regulations of the Department of Transportation, Code of Federal Regulations. 11. Marking DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 12 Each package shall carry a clear identification of the material and shall carry the current proper precautionary information as required. 12. Placement of Orders The City shall notify the Contractor a minimum of four (4) days in advance of the requirements for each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 13 SPECIFICATION SODIUM HYPOCHLORITE SOLUTION (12.5%-Bulk Tanker Delivery) (12.5%- Mini Bulk Tanker Delivery-Swim Center) 1. Requirement It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for 12.5 % sodium hypochlorite solution, for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General The sodium hypochlorite solution shall conform to the American Water Works Association's Standard for hypochlorite, B300-10 or current revision; except as modified or supplemented herein. Chemical Name: Sodium Hypochlorite Solution Chemical Formula: NaOCl Concentration: 12.5% Specific Gravity: 1.19 Unit Weight: 10 pounds/gallon 3. Quality a. General - The sodium hypochlorite delivered under this specification shall contain no substance in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been treated properly with the sodium hypochlorite, nor shall it contain any substance in quantities capable of producing deleterious or injurious effects on Water Resource Recovery Facility discharge that has been treated properly with the sodium hypochlorite. b. The total free alkali (as NaOH) in sodium hypochlorite shall not exceed 1.5 percent by weight. 4. Affidavit of Compliance The contractor shall submit an affidavit of compliance with these specifications for each delivery of sodium hypochlorite. 5. Certified Laboratory Report a. A certified laboratory report shall be submitted prior to the first hypochlorite delivery to the City, and when a significant change occurs in the contractor's process. b. Charges for the certified laboratory report shall be included in the bid price. 6. Quantity a. The estimated requirements for sodium hypochlorite, as listed on the 'Invitation for Bid', will vary with the actual demands of the City. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 14 b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. This specification intends to require the contractor to furnish all the City's sodium hypochlorite requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the contractor to an adjustment in the unit price or any other compensation. 7. Delivery a. The contractor shall make deliveries of sodium hypochlorite upon request to the City of San Luis Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, California 93405, or to the City of San Luis Obispo Water Resource Recovery Facility 35 Prado Road, San Luis Obispo, California, 93401, and the SLO Swim Center, 900 Southwood Drive, San Luis Obispo, California, 93401. b. The contractor shall make deliveries of sodium hypochlorite to the Water Resource Recovery Facility between the hours of 7:30 am to 3:00 pm and to the Water Treatment Plant between the hours of 6:00 am to 12:00 pm. If the contractor for any reason cannot make the delivery during the above stated hours, the contractor shall notify the City and an alternate time will be scheduled. The contractor shall provide delivery service on Saturday, Sunday and legal holiday as necessary with order lead time of two days. c. The Contractor shall deliver a sodium bisulfite solution in bulk tank-trucks, of a minimum 4,000- gallon capacity to fill the WRRF's two (2) 5,500-gallon tanks. 8. Condition of Containers a. The sodium hypochlorite shall be of 12.5 % available NaOCl by weight and shipped by tanker truck. b. All cargo trailers and appurtenant valves used for the delivery of the sodium hypochlorite, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. c. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be clean and free from contaminating material. If offloading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. d. All trailer ports used for the loading or delivery of sodium hypochlorite shall be secured with appropriate tamper-proof, security seals verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 9. Safety Requirement Truck driver shall wear the appropriate protective face and body apparel, as required by California Occupational Safety and Health Administration when unloading sodium hypochlorite. 10. Marking Each container shall carry a clear identification of the material and shall carry the current proper precautionary information as required by the Department of Transportation and other regulatory agencies. 11. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of sodium hypochlorite. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 15 driver. c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of sodium hypochlorite. 12. Placement of Order The City shall notify the Contractor a minimum of two (2) days in advance of the requirements for each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 16 SPECIFICATION SODIUM BISULFITE SOLUTION (25% Bulk Tanker Delivery) 1. Requirement It is required that a Contractor be established to furnish in accordance with these specifications, all of the City's requirements for sodium bisulfite solution for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General Chemical Name: Sodium Bisulfite Solution Chemical Formula: NaHS03 Concentration: 25% Specific Gravity: 1.19 Unit Weight: 9.92 pounds/gallon 3. General Impurities The sodium bisulfite supplied under this specification shall contain no soluble material or organic substances in quantities capable of producing deleterious or injurious effects on the Water Resource Recovery Facility discharge that has been treated properly with the sodium bisulfite. 4. Quantity a. The estimated requirements for sodium bisulfite, as listed previously, will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. This specification intends to require the Contractor to furnish all the City's sodium bisulfite requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the Contractor to an adjustment in the unit price nor to any other compensation. 5. Delivery a. The Contractor shall make deliveries of sodium bisulfite upon request to the City of San Luis Obispo Water Resource Recovery Facility (WRRF), 35 Prado Road, San Luis Obispo, California, 93401. b. The Contractor shall make deliveries of sodium bisulfite solution between the hours of 7:30 am and 3:00 pm, Monday through Friday. If, for any reason, the Contractor cannot make the delivery during the above-listed hours, the Contractor shall notify the City, and an alternate time will be scheduled. c. The Contractor shall deliver a sodium bisulfite solution in bulk tank-trucks, of a minimum 4,000- gallon capacity to fill the WRRF's two (2) 5,500-gallon tanks. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 17 d. The contractor shall provide delivery service on Saturday, Sunday and legal holidays as necessary with an order lead time of two days. 6. Condition of Cargo Trailers a. All cargo trailers and appurtenant valves used for the delivery of the sodium bisulfite solution, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. b. All appurtenant valves, pumps and discharge hoses used for the delivery of sodium bisulfite solution shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. c. All trailer ports used for the loading or delivery of sodium bisulfite solution shall be secured with appropriate tamper-proof, security seal verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 7. Safety Requirement The contractor truck driver shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration, when unloading the sodium bisulfite solution. 8. Marking Each container shall carry a clear identification of the material, and shall carry the current proper precautionary information as required by the Department of Transportation and other regulatory agencies. 9. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of sodium bisulfite solution. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of sodium bisulfite solution. 10. Placement of Orders The City shall notify the Contractor a minimum of two (2) days in advance of the requirements for each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 18 SPECIFICATION FERROUS CHLORIDE SOLUTION (35% Bulk Tanker Delivery) 1. Requirement It is required that a Contractor be established to furnish, in accordance with these specifications, all of the City's requirements for ferrous chloride solution during the period for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General Chemical Name: Ferrous Chloride Solution Chemical Formula: FeCl2 Concentration: 35% Specific Gravity: 1.37 Unit Weight: 11.4 pounds/gallon 3. General Impurities The ferrous chloride solution supplied under this specification shall contain no soluble material or organic substances in quantities capable of producing deleterious or injurious effects on the Water Resource Recovery Facility waste stream that has been treated properly with the ferrous chloride. 4. Quantity a. The estimated requirements for the ferrous chloride solution, as listed previously, will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. This specification intends to require the Contractor to furnish all the City's ferrous chloride solution requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the Contractor to an adjustment in the unit price nor any other compensation. 5. Delivery a. The Contractor shall make deliveries of ferrous chloride solution upon request to the City of San Luis Obispo Water Resource Recovery Facility (WRRF), 35 Prado Road, San Luis Obispo, Ca, 93401. b. The Contractor shall make deliveries of ferrous chloride solution between the hours of 7:30 am and 3:00 pm, Monday through Friday. If, for any reason, the Contractor cannot make the delivery during the above-listed hours, the Contractor shall notify the City, and an alternate time will be scheduled. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 19 c. The Contractor shall deliver ferrous chloride solution in bulk tank-trucks, of minimum 4,000 gallon capacity, to fill the City's two (2) 3,600-gallon tanks. 6. Condition of Cargo Trailers a. All cargo trailers and appurtenant valves used for the delivery of the ferrous chloride solution, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. b. All appurtenant valves, pumps and discharge hoses used for the delivery of ferrous chloride solution shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. c. All trailer ports used for the loading or delivery of ferrous chloride solution shall be secured with appropriate tamper-proof, security seal verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 7. Safety Requirement Contractor truck driver shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration, when unloading the ferrous chloride solution. 8. Marking Each container shall carry a clear identification of the material, and shall carry the current proper precautionary information as required by the Department of Transportation and other regulatory agencies. 9. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of ferrous chloride solution. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of ferrous chloride solution. 10. Placement of Orders The City shall notify the Contractor a minimum of two (2) days in advance of the requirements for each delivery. 11. City Contacts In the event of a problem, or if a question arises regarding this specification, the Contractor may contact Patrick McGrath, Water Resource Recovery Facility Supervisor, at (805) 431-3808. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 20 SPECIFICATION FERRIC CHLORIDE SOLUTION (40% Bulk Tanker Delivery) 12. Requirement It is required that a Contractor be established to furnish, in accordance with these specifications, all of the City's requirements for ferric chloride solution during the period for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 13. General Chemical Name: Ferric Chloride Solution Chemical Formula: FeCl3 Concentration: 40% Specific Gravity: 1.43 Unit Weight: 11.93 pounds/gallon 14. General Impurities The ferric chloride solution supplied under this specification shall contain no soluble material or organic substances in quantities capable of producing deleterious or injurious effects on the Water Resource Recovery Facility waste stream that has been treated properly with the ferric chloride. 15. Quantity a. The estimated requirements for the ferric chloride solution, as listed previously, will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. This specification intends to require the Contractor to furnish all the City's ferric chloride solution requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the Contractor to an adjustment in the unit price nor any other compensation. 16. Delivery a. The Contractor shall make deliveries of ferric chloride solution upon request to the City of San Luis Obispo Water Resource Recovery Facility (WRRF), 35 Prado Road, San Luis Obispo, Ca, 93401. b. The Contractor shall make deliveries of ferric chloride solution between the hours of 7:30 am and 3:00 pm, Monday through Friday. If, for any reason, the Contractor cannot make the delivery during the above-listed hours, the Contractor shall notify the City, and an alternate time will be scheduled. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 21 c. The Contractor shall deliver ferric chloride solution in bulk tank-trucks, of minimum 4,000 gallon capacity, to fill the City's two (2) 3,600-gallon tanks. 17. Condition of Cargo Trailers a. All cargo trailers and appurtenant valves used for the delivery of the ferric chloride solution, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. b. All appurtenant valves, pumps and discharge hoses used for the delivery of ferric chloride solution shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. c. All trailer ports used for the loading or delivery of ferric chloride solution shall be secured with appropriate tamper-proof, security seal verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 18. Safety Requirement Contractor truck driver shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration, when unloading the ferric chloride solution. 19. Marking Each container shall carry a clear identification of the material and shall carry the current proper precautionary information as required by the Department of Transportation and other regulatory agencies. 20. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of ferric chloride solution. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of ferric chloride solution. 21. Placement of Orders The City shall notify the Contractor a minimum of two (2) days in advance of the requirements for each delivery. 22. City Contacts In the event of a problem, or if a question arises regarding this specification, the Contractor may contact Patrick McGrath, Water Resource Recovery Facility Supervisor, at (805) 431-3808. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 22 SPECIFICATION SODIUM HYDROXIDE – LIQUID CAUSTIC SODA (25% BULK TANKER DELIVERY) 1. Requirement It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for sodium hydroxide solution for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General a. The sodium hydroxide solution supplied shall conform to the American Water Works Association's standard for caustic soda B501-13 or current revision, except as modified or supplemented herein. b. The contractor must be able to supply sodium hydroxide solution in a 25% solution. Chemical Name: Sodium Hydroxide Solution Chemical Formula: NaOH Concentration: 25.0% Specific Gravity: 1.28 Unit Weight: 10.68 pounds/gallon 3. Quality The sodium hydroxide solution supplied shall contain no soluble material or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been properly treated with the sodium hydroxide solution, or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations. 4. Affidavit of Compliance The contractor shall submit an affidavit of compliance with these specifications for each delivery of sodium hydroxide solution to the City. 5. Quantity a. The estimated requirements for sodium hydroxide solution, as listed on the "Invitation for Bid", will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. It is the intent of this specification to require the contractor to furnish all the City's sodium hydroxide solution requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the contractor to an adjustment in the unit price nor to any other compensation. 6. Delivery DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 23 a. The contractor shall make deliveries of sodium hydroxide solution in bulk delivery cargo trailers upon request to the City of San Luis Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, CA, 93405, or to the City of San Luis Obispo Water Resource Recovery Facility, 35 Prado Road, San Luis Obispo, California, 93401. b. The contractor shall make deliveries of sodium hydroxide solution to the Water Treatment Plant between the hours of 6:00 am to 12:00 pm and to the Water Resource Recovery Facility between the hours of 7:30 am to 3:00 pm. If the contractor for any reason cannot make the delivery during the above stated hours, the contractor shall notify the City and an alternate time will be scheduled. 7. Condition of Cargo Trailers a. All cargo trailers and appurtenant valves used for the delivery of sodium hydroxide solution, under this specification, shall be in good mechanical order and shall be in full compliance with the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. b. All appurtenant valves, pumps and discharge hoses used for the delivery of sodium hydroxide solution shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. c. All trailer ports used for the loading or delivery of sodium hydroxide solution shall be secured with appropriate tamper-proof, security seal verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 8. Safety Requirement The truck driver shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration, when unloading the sodium hydroxide solution. 9. Marking Each container shall carry a clear identification of the material, and shall carry the current proper precautionary information as required by the Department of Transportation and other regulatory agencies. 10. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of sodium hydroxide solution. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of sodium hydroxide solution. 11. Placement of Order The City shall notify the Contractor a minimum of two (2) days in advance of the requirements for each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 24 SPECIFICATION LIQUID CATIONIC POLYMER 1. Requirement It is required that a Contractor be established to furnish, in accordance with these specifications, all of the City's requirements for cationic polymer during the period for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. Quality a. The liquid cationic polymer delivered under this specification shall contain no substances in quantities capable of producing deleterious or injurious effects upon the health of those consuming the water to which the liquid cationic polymer has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations. b. The liquid cationic polymer delivered to the Water Treatment Plant under this agreement shall conform to the following: (1) USEPA approved for use in potable waters at dosages up to 50 mg/liter; (2) Active polymer of 20 + 1 percent; (3) Free of biological contamination; and (4) No more than 5 mg/l iron. c. The liquid cationic polymer delivered to the Water Resource Recovery Facility under this agreement shall conform to the following: (1) Demonstrates sufficient liquids-solids separation by onsite jar testing; (2) Viscosity at 40° C to be greater than 20.5 mm2/s; (3) Readily biodegradable; and (4) Specific gravity: 1.00 - 1. 3. Affidavit of Compliance a. The Contractor shall submit an affidavit of compliance with these specifications for each delivery of liquid cationic polymer as delivered to the City. b. The affidavit of compliance shall contain: (1) Percent active polymer; (2) Pounds per gallon; and (3) Date of manufacture. 4. Certified Laboratory Report a. A certified laboratory report shall be submitted prior to the first liquid cationic polymer delivery to the City, and when a significant change occurs in the Contractor's manufacturing process. This report shall contain the following: DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 25 (1) Percent active polymer; (2) Pounds per gallon; (3) Date of manufacture; (4) Specific gravity; (5) Iron; and (6) pH. b. Charges for the certified laboratory reports shall be included in the bid price. 5. City-Approved Cationic Polymers The following are the only current City-approved cationic polymers for Water Treatment Plant: Manufacturer Product Calgon Corporation CAT Floc-TL Sweetwater Chemical Co. SW102 (Sterling Water Technologies) Polydyne Clarifloc (R) C-4420 The following are the only current City-approved cationic polymers for Water Resource Recovery Facility: Manufacturer Product Aqua Ben Corporation Hydrofloc 750B Polydyne Clarifloc (R) C-6265 6. Qualification Requirements for City Approval To achieve City approval, for future bid purposes a prospective Contractor's liquid cationic polymer shall meet the following requirements: a. All the requirements of these specifications. b. Performance criteria established by the City: (1) A screening evaluation conducted on a laboratory scale performed by City personnel. (Prospective Contractor shall furnish at least 100 ml of liquid cationic polymer for this evaluation). (2) If the laboratory evaluation demonstrates the liquid cationic polymer to be effective, under laboratory conditions, then a plant-scale evaluation shall be performed. (3) For the plant-scale evaluation, the prospective Contractor shall furnish liquid cationic polymer in the amount established by the City. The prospective contractor shall be reimbursed for the liquid cationic polymer at its current market value; but in no case, shall this amount exceed the current contract price paid by the City for the bulk liquid cationic polymer. (4) Performance evaluations shall be performed at the convenience of the City and may be witnessed by the prospective Contractor. (5) Supply a list of municipalities that have used the chemicals in the last year. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 26 7. Quantity a. The estimated requirements for liquid cationic polymer, as listed on the "Invitation for Bid", will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. It is the intent of this agreement to require the Contractor to furnish all the City's liquid cationic polymer requirements. d. Neither an underrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the Contractor to an adjustment in the unit price or to any other compensation. e. Typical quantity per order/delivery is 8 – 55-gallon drums for Water Treatment Plant, and typical quantity per order/delivery is 1 – 275-gallon tote for Water Resource Recovery Facility. 8. Delivery The Contractor shall make deliveries of liquid cationic polymer upon request to the City of San Luis Obispo, Water Treatment Plant, Stenner Creek Road, San Luis Obispo, California, 93401 in 55-gallon drums or to the City of San Luis Obispo Water Resource Recovery Facility, 35 Prado Road, San Luis Obispo, CA 93401 in 275-gallon tote. The Contractor shall make deliveries of liquid cationic polymer between the hours of 6:00 am to 12:00 pm and to the Water Resource Recovery Facility between the hours of 7:30 am to 3:00 pm. If the Contractor for any reason cannot make the delivery during the above stated hours, the Contractor shall notify the City and an alternative time will be scheduled. 9. Condition of Containers Cationic polymer shall be shipped in bulk; in nonreturnable plastic drums of 454 lbs. net weight or in other DOT approved containers for the Water Treatment Plant. Cationic polymer shall be shipped in a plastic tote of 275 gallons for the Water Resource Recovery Facility. 10. Markings Each shipment shall be identified as to product net weight, name of manufacturer and brand name. Packaged products shall show a lot number or identification of the manufacturer. All markings shall conform to DOT regulations. 11. Placement of Orders The City shall notify the Contractor a minimum of three (3) days in advance of the requirements of each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 27 SPECIFICATION MURIATIC ACID SOLUTION (15.0%- Mini Bulk Tanker Delivery-Swim Center) 1. Requirement It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for 15.0 % muriatic acid solution, during the period for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General The muriatic acid solution shall conform to common pool industry standards. Chemical Name: Muriatic Acid Solution Chemical Formula: HCL Concentration: 15.0% Specific Gravity: 1.16 Unit Weight: 10 pounds/gallon 3. Quality General - The muriatic acid solution delivered under this specification shall contain no substance in quantities capable of producing deleterious or injurious effects on the health of those utilizing a public aquatics facility that has been treated properly with the muriatic acid, nor shall it contain any substance in quantities capable of producing deleterious or injurious effects on aquatics facility equipment that has been treated properly with the muriatic solution. 4. Quantity a. The estimated requirements for muriatic acid, as listed on the 'Invitation for Bid', will vary with the actual demands of the City. b. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. c. This specification intends to require the contractor to furnish all the City's muriatic acid solution requirements. d. Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the contractor to an adjustment in the unit price or any other compensation. 5. Delivery a. The contractor shall make deliveries of muriatic acid solution upon request to the City of San Luis Obispo, to the SLO Swim Center 900 Southwood Dr, San Luis Obispo, 93401. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 28 b. The contractor shall make deliveries of muriatic acid solution to the SLO Swim Center between the hours of 7:30 am and 4:00 pm Mon-Fri. If the contractor for any reason cannot make delivery during the above stated hours, the contractor shall notify the City and an alternate time will be scheduled. 6. Condition of Containers a. The muriatic acid solution shall be of 15.0 % available HCl by weight and shipped by tanker truck. b. All cargo trailers and appurtenant valves used for the delivery of the muriatic acid solution, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. c. All appurtenant valves, pumps, and discharge hoses used for the delivery of muriatic acid solution shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. d. All trailer ports used for the loading or delivery of muriatic acid solution shall be secured with appropriate tamper-proof, security seals verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 7. Safety Requirement Truck drivers shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration when unloading muriatic acid solution. 8. Marking Each container shall carry a clear identification of the material, and shall carry the current proper precautionary information as required by the Department of Transportation and other regulatory agencies. 9. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of muriatic acid solution. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of muriatic acid solution. 10. Placement of Order The City shall notify the Contractor a minimum of two (2) days in advance of the requirements for each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 29 SPECIFICATION LIQUID OXYGEN (LOx) (Bulk Tanker Truck Delivery) 1. Requirement It is required that a contractor is established to furnish, in accordance with these specifications, all of the City's requirements for bulk Liquid Oxygen for two six-month Agreements, term one (1), March 1, 2022 – August 31, 2022; term two (2), September 1, 2022 – February 28, 2023. 2. General a. The Liquid Oxygen shall conform to the American National Standards Institute and American Water Works Association's Standard (ANSI/AWWA B304-18), Liquid Oxygen for Ozone Generation for Water, Wastewater and Reclaimed Water Systems. 3. Quality a. The Liquid Oxygen shall contain no substances in quantities capable of producing deleterious or injurious effects upon the health of those consuming the water to which the liquid oxygen has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations b. Liquid Oxygen purity should be greater than 99% by volume (and typically greater than 99.5% oxygen c. Moisture content should not exceed -80 degrees Fahrenheit d. Total hydrocarbons (as methane) should not exceed 40 parts per million (v/v) e. Certification for suitable for drinking water such as NSF/ANSI 60 or equivalent 4. Delivery a. The Contractor shall make deliveries of Liquid Oxygen upon request in single-unit cargo trailers of a minimum 4000-gallon capacity (approximately) to the City of San Luis Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, California 93405. b. The Contractor shall make deliveries of liquid oxygen between the hours of 6:00 am to 6:00 pm. If the Contractor for any reason cannot make the delivery during the above stated hours, the Contractor shall notify the City and an alternate time will be scheduled. 5. Certificate of Conformance a. A certificate of conformance shall be submitted before the first Liquid Oxygen delivery to the City, and when a significant change occurs in the Contractor's manufacturing process. b. Charges for the Certificate of Conformance shall be included in the bid price 6. Condition of Cargo Trailers a. All cargo trailers and appurtenant valves used for the delivery of the liquid oxygen, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. b. All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid oxygen shall be clean and free from contaminating material. If offloading equipment is not properly cleaned, this will constitute a reason for the rejection of the load. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 30 c. All trailer ports used for the loading or delivery of liquid oxygen shall be secured with appropriate tamper-proof, security seal verifying the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 7. Safety Requirement Truck drivers shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration when unloading the liquid oxygen. 8. Marking a. Each package shall carry a clear identification of the material and shall carry the current proper precautionary information as required. 9. Spillage a. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of liquid oxygen. b. The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of liquid oxygen. 10. Placement of Orders a. The City shall notify the Contractor a minimum of four (4) days in advance of the requirements for each delivery. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 31 Section B PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX or emailed submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder's insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City's insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. GENERAL TERMS AND CONDITIONS DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 32 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non- substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been notified by the City to the person/address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 12. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations. 14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 18. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 33 devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 19. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 20. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 21. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 22. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 23. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 24. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 25. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 27. Hold Harmless and Indemnification. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 34 (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Consultant's performance or Consultant's failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a "construction contract" as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Consultant's performance or Consultant's failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a "design professional", and the Scope of Services require Consultant to provide "design professional services" as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents ("City Indemnitees"), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant's work or work product by any DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 35 indemnified party shall not affect, relieve or reduce the Consultant's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 28. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 29. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the- shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City's liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City's directions as to work in progress and finished goods. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City 's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 36 Section C Specification No. 2022-23 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive bidder. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive bidder. 3. Labor Actions. In the event that the successful bidder is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest responsible, responsive bidder and to accept the next acceptable low proposal from a bidder that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive bidder. 4. Failure to Accept Contract. The following will occur if the bidder to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a bidder's bond or security is required; and an award may be made to the next lowest responsible, responsive bidder who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in these specifications will be used by the City between March 1, 2022 through February 28, 2023. The prices quoted for these items shall be valid for two six-month terms unless otherwise conditioned by the bidder in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional year. During this extended period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U). 7. Estimated Quantities. The quantities indicated in the Detail Proposal Submittal Form are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 8. Supplemental Purchases. Supplemental purchases may be made from the successful bidder during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the bidder shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the bidder is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. SPECIAL TERMS AND CONDITIONS DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 37 9. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by up to 20 cost centers, with attached copies of work order forms or detail invoices (standard color or copy to be agreed upon) as supporting detail. 10. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 11. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon th e bidder, and the City shall be the sole judge in making this determination. 12. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this IFB or RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo after authorization to proceed by the City. 13. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14. Submittal of References. Each bidder shall submit a statement of qualifications and references on the form provided in the IFB/RFP package. 15. Statement of Contract Disqualifications. Each bidder shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the IFB/RFP package. 16. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project's objective or standard beyond the amounts provided there for in the proposal. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 38 In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 17. IFB Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue IFB 1/10/2022 b. Respond to questions 1/25/2022 c. Receive Bids / Bid Ending 2/1/2022 d. Award Bids 2/07/2022 e. Execute Agreement by 2/28/2022 DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 39 Section D AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and , hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, City invited bids for chemicals to treat water and wastewater per Specification No. 91638. WHEREAS, pursuant to said invitation, Contractor submitted a proposal that was accepted by City for said chemicals and services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, March 1, 2022 through February 28, 2023. The term of the contract may be extended by mutual consent for an additional year. 2. INCORPORATION BY REFERENCE. Specification No. [ ] and [Contractor/Consultant] proposal dated [date], are hereby incorporated in and made a part of this Agreement. City's terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. The City's insurance requirements and [contractor/consultant] proof of insurance are hereby incorporated in and made part of this Agreement attached as Exhibit C. To the extent that there are any conflicts between the Contractor's fees and scope of work and the City's terms and conditions, the City's terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing chemicals and services as specified in this Agreement, City will pay and Contractor shall receive payments based upon the actual quantities ordered and received by City and the unit prices bid by Contractor. City agrees to evaluate unit prices bid by Contractor at 180 days of the date entered above to determine the second six month price term based on the Producer Price Index for Water Treatment Compounds - WPU06790961 published by the St. Louis Fed at (https://fred.stlouisfed.org/series/WPU06790961). The formula to determine price changes shall be as follows: Initial Contract Price x [(PPI at Current Date) / (PPI at Older Date)] = Updated Chemical Price. FORM OF AGREEMENT DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 40 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide chemicals and services as described in Section 2 attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the authorized agent of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Contractor 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO By:__ City Manager APPROVED AS TO FORM: CONTRACTOR City Attorney By: DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 41 Section E Operation & Maintenance Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the products and materials supplied to the City. The cost of such insurance shall be borne by the Contractor. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001); 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). The Contractor's commercial automobile policy shall be specifically endorsed to include coverage for the transportation of pollutants and/ or hazardous materials. 3. Workers' Compensation insurance as required by the State of California and Employer 's Liability Insurance. 4. Contractor's Pollution Liability Insurance coverage covering the handling, remediation, cleanup or transport of hazardous materials or hazardous wastes. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $3,000,000 per occurrence, $6,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2. Automobile Liability: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Umbrella or excess liability insurance (if applicable): Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; b. Pay on behalf of wording as opposed to reimbursement; c. Concurrency of effective dates with primary policies; and d. Policies shall "follow form" to the underlying primary policies. e. Insureds under primary policies shall also be insureds under the umbrella or excess policies. INSURANCE REQUIREMENTS DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 42 5. Contractor's Pollution Liability: Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to Agency providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants. 4. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants. 5. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. Notice of Reduction in Coverage. In the event that any coverage required under the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to Agency at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 43 Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 44 PROPOSAL SUBMITTAL FORM Bidders are to submit pricing electronically in BidSync. The below paper form should be used as a backup in case of technical issues submitting pricing in BidSync. The undersigned declares that she or he has carefully examined Specification 2022-23 which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Chemicals for Water and Wastewater A Liquid Alum Price per ton delivered (Tanker Load) Water $ B Sodium Silicofluoride Price per ton delivered Water $ C Sodium Hypochlorite Solution Price per gallon delivered (tanker load) Water $ Wastewater (include tax at 8.75%) $ D Sodium Bisulfite Solution Price per gallon delivered (tanker load) Wastewater (include tax at 8.75%) $ E Ferrous Chloride Solution Price per ton delivered (tanker load) Wastewater (include tax at 8.75%) $ F Ferric Chloride Solution Price per ton delivered (tanker load) Wastewater (include tax at 8.75%) $ G Sodium Hydroxide Solution Price per gallon delivered (25% solution) (tanker load) Water $ Wastewater (include tax at 8.75%) $ H Liquid Cationic Polymer Price per gallon delivered Water $ Wastewater $ I Liquid Muriatic Acid Price per gallon delivered Water $ J Liquid Oxygen-LOx Price per million standard cubic feet delivered9 Water $ ** INCLUDE PESTICIDE ASSESSMENT TAX ON ALL CHEMICALS WHERE APPLICABLE. ** TANKER LOAD CAPACITY IS A MINIMUM 4000 GALLONS. ❑ Certificate of insurance attached; insurance company's A.M. Best rating: . Firm Name and Address Contact Phone Signature of Authorized Representative Date DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 45 REFERENCES The number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C 46 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The bidder shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ■ Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No ❑ ■ If yes, explain the circumstances. Executed on at under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. Signature of Authorized Bidder Representative DocuSign Envelope ID: 4EE7AB2B-79A6-44A6-8E81-12A586F9140C