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HomeMy Public PortalAboutSupply of Sodium Bisulfite - August 1, 2010 to July 31, 2012.MAY 2010'.. ,CITYO.F SAAN MATEO_: Public Works Department '330 West 20th Avenue . San Mateo, CA 94,403 650/522-7300 '(40/522-7301 (fax) Department of Public Works Larry A. Patterson, P. E., Director 330 West 20th Avenue San Mateo, California 94403-1388 Telephone (650) 522-7300 FAX: (650)522-7301 www.cityofsanmateo.org CITY OF SAN MATEO, CALIFORNIA WASTEWATER SODIUM HYPOCHORITE/SODIUM BISULFITE AUGUST 1, 2010 TO JULY 31, 2012 ADDENDUM #2 June 1, 2010 From Addendum #1: Q1: What are the bid results from the last Sodium Hypochlorite contract? A: Please see the attached Bid Summary. Questions and Answers from Pre -Bid Meeting on 5/27/10: Q2: How many tanks are there? A: 4 Hypochlorite tanks at 6,000 gallons each 2 Bisulfite tanks at 6,000 gallons each Q3: Is the term of the contract firm at 2 years? A: Yes. Q4: Please clarify TRS. Bleach is an oxidizing agent not a reducing agent. Both cannot exist together. Should it read "Total Oxidizing Substance as 100% Sodium Hypochlorite", since bleach is a chemical oxidant and not a reducing agent. If the request really is for reducing substances, then by definition the amount has to be zero. A: Yes, the contract should read "Total Oxidizing Substance as 100% Sodium Hypochlorite" Q:\pw\PWENG\Wu\2010 Supply of Sodium Hypochlorite\Addendum.No.2.doc SUPPLY OF SODIUM HYPOCHLORITE CITY PROJECT NO.460002-02861.0487 BID OPENING: June 24, 2009 BID SUMMARY OLIN CHLOR ALKALI PRODUCTS SIERRA CHEMICAL BASIC CHEMICAL SOLUTIONS PERIODAND ,. "' �a .r .1 ITEM ' NO' s'-`� \' t �...'# s .; ,: tr+ • ,: �a �' � �, g�G� < „ t.�-�, ;- r " _DESCRIP,TION 's F �� ,r:... ;rau=tt:,'u"!f ? .,rv,,.ni' UNIT '':: GALLON ax. : , E kt PRICE pER ^' t GALLON' . ,„ t ,.r -� -;, -; s'L B10P 1 ``, rs'i ' BIDDER#2 "firrC°`1,+ �,(,x'"'' .',.BIDDER#3jit`'ea c TOTAL ,< rnx - UNIT ;PRICE,....`; . ''`" TOTAL , 'yCOS,T€;K . z.. 'e t UNIT PRICE',.... _:I TOit, ,. '. COSTA P. '�r �PRICEu TI.A. tc COST,s.,�'' August 1, 2008 to August 1, 2010 SODIUM HYPOCHLORITE 648,000 $0.00 $0.859 $556,632.00 $0.93 $602,640.00 $1.27 $822,960.00 Sales Tax @ 8.25% $0.00 $45,922.14 $49,717.80 $67,894.20 (1) Pesticide "Mill Assessment" @ 2.1% $0.00 $11,689.27 $12,655.44 $17,282.16 TOTAL $0.00 $614,243.41 $665,013.24 $908,136.36 C: Larry Patterson, DPW Darla Reams, DDPW Jean Hill, Mark Von Aspern Bid Summary Binder Project File C:\Documents and Settings \poland,Local Settings \Temporary Internet Files \Content.Oullook\2DO76SBB\2008-2_010 Bid Summary Page 1 1 1 1 1 1 I 1 1 1 I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 CITY COUNCIL AWARD SOLICITATION DOCUMENT PACKAGE CONTENTS NOTICE INVITING SEALED PROPOSALS PROPOSAL FORMS INSTRUCTIONS TO SUPPLIERS SECTION 1. INSTRUCTIONS TO SUPPLIERS AND PURCHASE CONTRACT CONDITIONS SECTION 2. GENERAL CONTRACT REQUIREMENTS SECTION 3. SPECIFIC CONTRACT TERMS AND REQUIREMENTS SECTION 4. DELIVERY AND SHIPMENT SECTION 5. SAFETY REQUIREMENTS AND TRAINING AGREEMENT Q'WPWEN(U_CONIAACIS3OMW WfP ConOa<W9isuIfiN< MONTH BISULFItE.bxx 1 5/V In CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 NOTICE INVITING SEALED PROPOSALS 1. Sealed bids will be received by the City Council of the City of San Mateo, California, for SODIUM BISULFITE as described in the Instructions to Suppliers. 2. Instructions to Suppliers are available at the City of San Mateo — Ci ty Hall Public Works Department, 330 W. 20`h Avenue, San Mateo, California, 94403. Any questions regarding the contract documents should be directed to Mark Von Aspern, WWTP.Plant Manager, at 650/522- 7380, or in writing mailed to 2050 Detroit Drive, San Mateo, CA 94404. 1 1 1 1 I I 3. Supplier is notified that he/she shall comply with the requirements for Non -Discrimination as set forth in the General Contract Requirements. 4. Addenda(s) issued during the time of bidding will become a part of the documents furnished suppliers for the preparation of bids, will be covered in the bids, and will be made a part of the contract. Each bid shall include specific acknowledgement in the space provided of receipt of all Addenda(s) issued during the bidding period. Failure to acknowledge may result in the bid being rejected as not responsive. Failure of any supplier to receive such Addenda(s) is not grounds for non-compliance with the terms of the instructions. It is the responsibility of the Supplier to contact the City to determine the existence of any and all addenda(s). 5. The term of the contract will be for a twenty-four (24) month period beginning August 1, 2010 and ending July 31, 2012, 6. The right is reserved, as the interest of the City may require, to reject any or all bids, to waive any informality in bids, and to accept, modify, or reject any items of the bid, or in the case of a single bid being received to extend the acceptance date by up to thirty (30) days with notice. The City of San Mateo is a charter city and any contract entered into is subject to the provisions of the City of San Mateo Charter, which may supersede certain provisions of the Public Contract Code and other provisions of state law. 7. A pre -bid meeting is scheduled to be held on. May 27, 2010 at 11:00 a.m. This pre -bid meeting shall be held at the City of San Mateo Wastewater Treatment Plant, 2050 Detroit Drive, San Mateo, CA 94404. The meeting shall be approximately one hour. This is not a pre -qualification meeting, but all bidders are strongly advised to attend this meeting. 8. Said sealed proposals shall be marked "Sealed Bid SODIUM BISULFITE" and shall be delivered to the City Clerk, City Hall, 330 West 20th Avenue, San Mateo, California 94403, at or before 2:00 p.m., June 3, 2010, and they shall be opened and read in public by a City representative at said date and time. 9. Said City representative shall report the results of the bidding to the City Council later, at which time the City Council may award the contract to the lowest responsible bidder as so reported; or as the City's interest may dictate. The City Council may exercise its right to modify the award or to reject any or all bids. Any protests to award of contract shall follow the procedures outlined in City Council Resolution No. 61, dated June 7, 2004. Dated: May 6, 2010 /S/ JOHN LEE, MAYOR 2 Q:1pwW WENQA CO'rRACISMIn\W WTP Co,*acisniss fiM]a MONTH BISULFTfE don 5111111 I I I I I I I I I I I I I I I I I I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) TO THE HONORABLE CITY COUNCIL CITY OF SAN MATEO, CALIFORNIA DEAR COUNCIL MEMBERS: FOR THE TOTAL SUM OF (use figures only) for SODIUM BISULFITE computed from the unit prices shown on the attached schedule of bid items, the undersigned hereby proposes and agrees that if this proposal is accepted he will contract with the City of San Mateo, California, to furnish all labor, materials including payment of all applicable sales taxes, tools, equipment, transportation, supplies and all incidental work and services required to complete the scope of work shown in the contract documents. This proposal is also subject to the terms and conditions of the attached SUPPLIER'S STATEMENT. ADDENDA — This proposal is submitted with respect to the changes to the contract included in the addenda number/s The supply shall be paid for at the unit prices shown on the attached SCHEDULE OF BID ITEMS. Supplier's Signature Date Name of Company ( ) Phone Number ( ) Fax Number By my signature on this proposal, as supplier, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that I have carefully examined the location of the proposed work, and I propose, and agree if this proposal is accepted, that I will contract with the City of San Mateo, in the form of the copy of the attached contract, will supply the chemical listed in accordance with this contract, and do all the work, in the manner and time therein prescribed, and according to the requirements set forth, and that I will take in full payment therefore the following prices, as shown on the Schedule of Bid Items. 3 Q'IpwPWENOIA CONTBACTS\ErIo WWTP Conuac,,Nindf ,124 MONTH BISULFTTE.doc, 50/'O CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) PERIOD AND ITEM # DESCRIPTION UNIT (GALLON) PRICE PER GALLON TOTAL August 1, 2010 to August 1, 2012 Sodium Bisulfite (including all applicable sales tax) 450,000 gals (I) Pesticide "Mill Assessment" @ 2.1% $ Total $ Note: Material Safety Data Sheet (M.S.D.S) must be submitted with bid. (1) If applicable the "Pesticide Mill Assessment" may only be charged by those holding the license. Do not include this charge if you are not the license holder. I I I 4 Q9pw1PWENG A OONTRAC SOMMW WFP Cammuls\Bisul@e 4 MONTH BISULFITEAocx 5/3/10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 BIDDER'S STATEMENT SHEET 1 OF 3 (To be submitted with Proposal Form) The undersigned has carefully read the entire Solicitation Document Package under this invitation to bid and realizes that supplies that may fail to comply with the contract requirements may, at the option of the City, be rejected. Such rejected chemicals shall be replaced entirely at the Supplier's expense and failure to do so within a reasonable length of time shall be sufficient reason for the withholding of payment for any part of or all of the chemicals supplied. Reasonable length of time will take into consideration the City's critical need for the chemicals to meet NPDES Permit requirements (Section 3.2 of the Instructions to Suppliers, Warranty and Guarantee). Pursuant to Business and Professions Code Section 7028.15 I, , declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this day of , 201_, at California. The undersigned understands he must meet the requirements of Section 2.2 of the Instructions to Suppliers, Non -Discrimination Policy prior to award of contract and conform to those guidelines throughout the duration of the contract. It is understood that the quantities set forth herein are approximate only and are to be used only for the comparison of bids and the guidance of the supplier. If awarded the contract, the undersigned hereby agrees to sign and file the attached Contract, together with the necessary certificate(s) of insurance, related endorsements for general and automobile liability insurance, and proof of a San Mateo Business License in the office of the City Clerk within ten (10) days, not including Saturdays, Sundays and legal holidays, after the supplier has received notice from the City of San Mateo that the contract has been awarded and to commence performance within five (5) days of the date required. Supplier also agrees to keep the Business License and any other licenses or permits required to transport chemicals current for the entire term of the contract. If the unit price and the total amount named by a supplier for any item do not agree, it will be assumed that the error was made in computing the total amount and the unit price alone will be considered as representing the supplier's intention. 5 Q'\pw1P WENGIA CONTRACrSN11111W WTP CannctsBimlfi/NA MONTH BIBULFTTE.docx 5/3/10 CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 BIDDER'S STATEMENT SHEET 2 OF 3 (To be submitted with Proposal Form) The undersigned has checked carefully all the figures listed in the Schedule of Bid Items and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days after the date set for the opening thereof. NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please attach an additional page); OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION. 6 Q 1pwiPWEHGA COMAACTSSO I OW WTP ContniNHBImI18N.< MONTH B/SOLOTE.dax 5/1/10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 I 1 CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 BIDDERS STATEMENT SHEET 3 OF 3 (To be submitted with Proposal Form) SIGNATURES FOR SUPPLIER: If INDIVIDUAL, sign below: Signature Date Print name Post Office Address If PARTNERSHIP, sign below (show names of non -signing partners): Signature Date Name of Partner Post Office Address Signature Date Name of Partner Post Office Address (if different) If CORPORATION, sign below (show names of non -signing officers): a CORPORATION Name of State Where Chartered Signature Date Print name of person signing bid Title List names of the following officers: PRESIDENT SECRETARY TREASURER Post Office Address O P,AP G\A CONTRACTNAI0'W WTP Comma901sulli VC MONTH BISULFITE.docx 7 snrlo I I 1 I 1 I 1 I I 1 M State of California County of CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 NONCOLLUSION AFFIDAVIT (To be submitted with Proposal Form) ) ss. ) , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, or any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the supplier has not directly or indirectly induced or solicited any other supplier to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any supplier or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the supplier has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other supplier, or to secure contract; that all statements contained in the bid are true; and, further, that the supplier has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this affidavit. 8 Q1pwW W ENG14_ODNrRACTS4nln\W WFP ConvaciABisuffi0U4 MOWIT1 BISULFlTE.Eacx 5/3/10 I 1 1 I I 1 I I I 1 r 1 I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 CERTIFICATION OF NON-DISCRIMINATION (To be submitted with Proposal Form) On behalf of the supplier making this proposal, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that all federal, state; local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. SUPPLIER By: (Name and title of person making certification) Date 9 Q \pwl WENG\A COMAACTS\2010\W WTF Conbrcu\Bisulpwn\4 MONTH BISULFITEdocx 513110 I U1 I I 1 I r I I I I I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) I am aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. SUPPLIER By: (Name and title of person making certification) Date 10 Q \pwPWENO\A CONTRACTSUO101W WTP ContrectstiiwIntf24 MONTH BISOLFlTE.dccx ,(3110 I 1 I 1 1 1 I I I a I 1 I I 1 1 I I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 SECTION 1. INSTRUCTIONS TO SUPPLIERS AND PURCHASE CONTRACT CONDITIONS 1.1 EXPLANATIONS TO SUPPLIERS All questions and any explanations desired by a bidder regarding the meaning, or interpretation of the solicitation, specifications, contract etc., must be requested in writing and directed to the name listed on the Notice Inviting Sealed Proposals not later than seven (7) days prior to the due date specified in the solicitation. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective bidder concerning a solicitation will be furnished to all prospective bidders in writing as an amendment to the solicitation, if such information is necessary to bidders in submitting bids on the solicitation or if the lack of such information would be prejudicial to uninformed bidders. 1.2 SUBMISSION OF BIDS The original and one (1) copy of the entire solicitation document package shall be signed and submitted complete. Original shall be noted or stamped original. Failure to return the entire solicitation document package with the offer may result in disqualification of the bidder. Bids and modifications thereof shall be enclosed in a sealed envelope(s) and addressed to the office specified in the solicitation. 1.3 PREPARATION OF BIDS 1.31 Bidders are expected to examine the specifications, schedules and all instructions. Failure to do so will be at the bidder's risk. 1.32 All bids shall be considered to be in strict compliance with the bid invitation specifications and the successful bidder will be held responsible therefore unless any and all variations from the specifications are clearly described and sufficient supporting data is submitted with the bid to show their equivalency to the specifications. 1.33 Each bidder shall furnish all information required by the solicitation. To be eligible for award the bidder must sign the solicitation proposal forms and print or type their name in the space provided. Bids signed by an agent are to be accompanied by evidence of their authority unless such evidence has been previously furnished. 1.34 Unit prices with extended totals for each item shall be listed in clearly legible figures in the respective spaces provided for that purpose and shall include all packing charges. (a) The amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: 11 Q 1p*PW ENa& COHTRACTSOOIMW WTP ConlracN\$isulflal4 MONTH 81SULPITEdoox MOM I 1 1 I I I I I1 I I I I I I i CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 (b) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (c) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one -tenth, or one -hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the City of San Mateo 's Final Estimate of cost. (d) If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. (e) Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total. Written unit prices and item totals will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. 1.4 The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity, which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of San Mateo, and that discretion will be exercised in the manner deemed by the City of San Mateo to best protect the public interest in the prompt and economical completion of the work. The decision of the City of San Mateo respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. 1.5 The prices quoted shall remain firm until all services requirements are completed. 1.6 The City of San Mateo payment shall be NET 30 days. 1.7 Time, if stated as a number of days, will include Saturdays, Sundays and holidays. 1.8 Bidders are cautioned to note any requirement for certification of understanding shown in the Solicitation. Bidders signing such certificates indicate understanding and agreement to comply with the specifications and will be held fully responsible. 12 Q. wPWENQA_CONTRACFSI)II\WWIP CoflaclsmisuIfiIU4 MONTH SISULFITE doc, ISM) I I I I I I I 1 I 1 I 1 1 I I r I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 1.9 AWARD OF CONTRACT. The right is reserved to reject any and all proposals. The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed, or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. In determining the award, careful consideration by City shall be given to each item of bid. All bids will be compared on the basis of the Wastewater Treatment Plant Manager's estimate of the quantities of product to be supplied and/or hauled and disposed of. The City reserves the right to amend or reject any or all proposals and also to select, modify, or reject any of the bid items as City sees in its best interest. 1.10 LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above, contracts for public works will be awarded only to such bidders as are determined to meet the following qualifications of lowest responsible bidder. The lowest responsible bidder shall be the bidder who bids to provide the goods and services according to the contract requirements therefore for the least amount of money; provided the bidder has the ability, capacity and, when necessary the required State or other license. In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or quotation received, the experience of the bidder for the particular service sought, the quality of work that the bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder, and the insurance carried by the bidder. 1.11 EXAMINATION OF THE SITE AND OTHER BIDDER RESPONSIBILITES. It is further the bidder's responsibility to be cognizant of all the factors involved in furnishing and delivering SODIUM BISULFITE to the City of San Mateo Wastewater Treatment Plant. Such factors include, but are not limited to, complete familiarity with the layout of the City's facilities for storage and dispensing of SODIUM BISULFITE and all requirements fortransferring solutions from supplier's delivery truck to the City storage areas. Bidder should have complete familiarity with all access roads to the City of San Mateo Wastewater facility, including difficulties involved in maneuvering large vehicles in confined areas and possible hazards involved in making deliveries. Bidder must assure the availability of an adequate number of delivery vehicles and trained, knowledgeable drivers and be able to keep a close liaison with City staff concerning scheduling of deliveries or problems with the suppliers product. 13 Q:NS WENGA[OMRACI'S2OIOWWlp ComcisSiwlliiulb MONM1I BISULFRE.Wcx 50/10 I 1 1 I 1 I 1 1 1 I I r I I U r I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 SECTION 2. GENERAL CONTRACT REQUIREMENTS 2.1 INSURANCE 2.10 REQUIRED INSURANCE: The Supplier shall provide and maintain Insurance per Section 6 of the Agreement. 2.11 POLICY ENDORSEMENT: Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City and Estero Municipal Improvement District, their elected and appointed officials, employees and agents and additional insured coverage in addition to a certificate of insurance (sample endorsement attached)and it shall name "The City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees and agents, as additional insureds." 2.12 NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." To prevent delay and insure compliance with the requirements of the specifications, the insurance certificates and endorsements must be returned to: LARRY PATTERSON, DIRECTOR OF PUBLIC WORKS CITY OF SAN MATEO 330 W. 20th Avenue SAN MATEO, CA 94403 2.2 NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all qualified persons are to be afforded equal opportunities of employment on any public works contract entered into with the City. 2.3 STANDARDS OF NON-DISCRIMINATION A. The successful bidder shall undertake action to ensure that applicants and employees are treated fairly such that the principles of equal opportunity in employment are demonstrated positively and aggressively during employment, without regard to race, color, religion, sex, disability, or national origin. B. In all advertisements for labor or other personnel or requests for employees of any nature, the successful bidder shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 2.4 CERTIFICATION OF NON-DISCRIMINATION. Each bidder on any contract shall sign the certification of nondiscrimination, which is a part of the proposal form. 2.5 MEDIATION. Please see agreement Section 9. 2.6 ATTORNEY FEES. Please see agreement Section 8. 14 QVINPWENGA COMFRACfg9p%W W IP ContreclaltvulllcVl MONTH OISULFI'IE.tlax L]I10 I I 1 I I I I I I1 I I I I I I I r CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 2.7 HOLD HARMLESS AND INDEMNITY PROVISION. Please see agreement Section 7. SECTION 3. SPECIFIC CONTRACT TERMS AND REQUIREMENTS 3.1 CONTRACT BONDS. No Bonds are required for this contract. 3.2 WARRANTY AND GUARANTEE. The Supplier warrants and guarantees that equipment used and chemicals supplied are of the type and quality specified herein. If in the opinion of the City, items delivered are found to be imperfect or of a grade inferior to that set forth in the specification or are found to be deficient against any other standard set forth in the contract, they will be rejected and must be replaced without expense to the City. Any product supplied which is found to have a quality control problem, shall be warranted by the supplier and/or manufacturer for the damages or other problems resulting from use of the product. Other subsequent latent defects shall be covered by responsibilities set forth in the law. The Supplier understands that the supplied chemicals are critical to the City's ability to meet the Federal Regulations, including 40 CFR Parts 257, 258, 403 and 503 requirements for the Wastewater Treatment Plant. The Supplier warrants and guarantees to meet the delivery requirements set forth in 4.0 Delivery and Shipment of this Section. In the event of failure to comply with the above -mentioned conditions within a reasonable time after notice; the City will obtain the necessary chemicals, which are critical to the City's ability to meet Federal Regulations, at the expense of the Supplier, who agrees to pay the costs and charges therefore immediately upon demand. The signing of the agreement by the Supplier shall constitute execution of the above guarantees. 3.3 GOODS TO BE SUPPLIED AND WORK TO BE PERFORMED. The Supplier shall perform all work necessary to complete the contract in a satisfactory manner. Unless otherwise provided, the Supplier shall furnish and provide all materials, equipment, tools, labor and incidentals necessary to supply SODIUM BISULFITE as set forth in this Section. 3.4 CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the right to change the scope of this contract in order to align the contract price to the monies available. The City shall have full authority and discretion to determine the decrease or increase in quantities required. The Supplier shall not be entitled to any additional compensation or adjustment in the unit prices quoted because of the above -stated alteration of this supply contract. 3.5 TERM OF CONTRACT AND PRICES. The term of the contract will be for a one hundred four (104) week period beginning August 1, 2010 and ending July 31, 2012. Suppliers providing quote shall be bound by the price listed in their quote for this period. The city reserves the right to cancel this contract with sixty (60) days notice at any time after August 1, 2010. 15 Q\pwPWENGIA CON}RACf540101WW P Commcl,BisulfI824 MONTH BISN.PRE.dxx 5tl/Iu I I I I I I I I I 1 I I I I 1 I I I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 3.6 MEASUREMENT OF QUANTITIES, MATERIAL ANALYSIS AND IDENTIFICAION. The Supplier shall furnish the Wastewater Treatment Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating SODIUM BISULFITE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Wastewater Treatment Plant Manager's designee at the job site upon delivery and before off loading of the material. 3.7 PAYMENT. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices. 3.8 GENERAL. Except as directed otherwise in these specifications, full compensation for completing all of the work indicated herein is considered to be included in the contract unit prices paid for the various items of work and no separate payment will be made therefore. 3.81 PARTIAL AND FINAL PAYMENTS. Supplier shall submit individual invoice for each delivery of SODIUM BISULFITE to the City of San Mateo, Wastewater Treatment Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information: 1. Purchase order number 2. Date of delivery 3. Item description 4. Cost per pound and total price 5. Payment terms to include any prompt payment discount offered 6. All applicable sales tax 3.9 GENERAL RESPONSIBILITIES 3.91 The Supplier shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by Supplier in the work, or the equipment used by the Supplier, or which in any manner affect the conduct of the work by Supplier, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, the Supplier shall forthwith report the same to the City in writing. The Supplier shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders. 3.92 The Supplier will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24 -hour, 7 days per week basis in the event of an emergency or unusual operating conditions. SECTION 4. DELIVERY AND SHIPMENT 4.1 TIME OF DELIVERY 4.12 SODIUM BISULFITE will be furnished F.O.B. Destination City of San Mateo Wastewater Treatment Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller pays freight charges, owns goods in transit and files any damage claims). Deliveries will be made in 3,000 -gallon minimum and 5,000 - gallon maximum loads. 16 QIPwwWENGU CONTlACTSUolo1WWTP ConEsclslBisulfie2, MONTH BISN.PITE docx 5/3/10 I I I I I I I I 1 I I I I I I I I U I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 4.13 Bidders located outside the (650) area code are requested to provide a toll free telephone number for placing orders and a fax number to be used by the City to send confirmation of order. 4.14 Deliveries of SODIUM BISULFITE will generally be prescheduled to provide the supplier with at least three days notice before delivery must be made, but the supplier must have the ability after notification to deliver the chemical within 24 hours. 4.15 Orders will be placed by phone and confirmed by fax. Supplier must fax a confirmation of the City's order within 24 hours, unless the City requires delivery within 24 hours then confirmation must be made within 3 hours. In the event the supplier fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the City is forced to obtain the chemical from an alternative source all additional City cost incurred will be made good at the expense of the Supplier, who agrees to pay the costs and charges immediately upon demand. 4.16 Once order is placed and confirmation received the delivery will be accepted at the City's Wastewater Treatment Plant 24 -hours per day. 4.2 METHOD OF DELIVERY A. Delivery shall be by truck tank car. The supplier shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the city's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations. B. The City uses on average 18,750 gallons of SODIUM BISULFITE per month and estimates a twenty-four (24) month quantity to be purchased of approximately 450,000 gallons. 4.3 REJECTION All shipments of SODIUM BISULFITE will be rejected without the following: 1. Bill of Lading 2. Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Bisulfate 3. Weighmaster's certificate of weight 4. Applicable regulatory documents SECTION 5. SAFETY REQUIREMENTS AND TRAINING 5.1 MATERIAL SAFETY DATA SHEET Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The City has a preference for the M.S.D.S. to be submitted in electronic format. The City also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance. All City, State, or Federal requirements for hazardous substances must be strictly adhered to. 17 0.1pvAPWENGA CONTRACr'S20 IIPW WTP Contracts \ BisulfacAZ4 MONTH 9ISULFIE.Ettx 5/]/10 1 1 I I I 1 I I 1 I I + I I I I I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 5.12 TRAINING (a) Supplier shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by wastewater treatment plant personnel in cleaning up small spills associated with leaks in pumps, valves and other appurtenances. (b) Supplier shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the wastewater plant concerning manufacture, chemical properties, transport, safe handling and use of the ch emicals being provided by Supplier. Supplier shall provide for all costs associated with this training. (c) Supplier will obtain all required federal, state, or local licenses or permits for the transport of Sodium Bisulfite. 18 Q:1pWNW ENOA CONfRAC SVOI 1W WTP ConncIAHisu1!¢'14 MONTH BISULFITE.Mq 515/111 1 1 1 I I U I I I I I I I I 1 1 1 CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 CITY COUNCIL AWARD THIS CONTRACT, made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the City Of San Mateo, a municipal corporation, ("City,") and ("Supplier") the day of , 2010. RECITALS: (a) A notice was duly published for bids for the contract for the supply of chemicals as described. (b) After notice duly given, on the date hereof, the City awarded the contract for the supply of chemicals hereinafter described to Supplier. IT IS AGREED, as follows: 1. Scope of Work. Supplier shall supply Sodium Bisulfite according to the Solicitation Document Package entitled: SUPPLY OF SODIUM BISULFITE A. This specification covers the purchase of approximately 450,000 gallons of Sodium Bisulfite intended for use at the City of San Mateo Wastewater Treatment Plant. B. Characteristics: Sodium Bisulfite CAS Number 7631-90-5 between 23.6% and 27.7% solution strength as Sodium Bisulfite by weight shall be commercial grade, completely soluble in water and shall be suitable for use as a dechlorination reagent in Wastewater treatment. C. Chemical and Physical Nature Specification Typical Minimum Maximum NaHSO3 25% 23.6% 27.7% SO2 Equivalent -- 15.4% 16.6% Na2SO3 -- 1.7% 2.5% Na2SO4 -- 2.5% 3.8% Fe 4 to 5 ppm -- -- PH 5.0 3.5 5.5 Specific Gravity: 1.23 1.2 1.4 Color: Yellow Liquid Appearance: SO2 Smel , sediment free. I Q IpwIPWENGIA CONrRACr5Vo1MW WIP Conpsclsl0isulflNA MONTH BISULFlTP.docx A-1 I 1 1 I I 1 1 I 1 1 1 I 1 I 1 1 1 CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 2. Contract Price. City shall pay and the Supplier shall accept, in full payment the sum of per unit which includes all applicable sales taxes. The total contract price based on 450,000 gallons is Said price is determined by the prices contained in Supplier's bid, and shall be paid for on a unit basis as described in the Solicitation Document Package. In the event more or less chemicals are furnished than the amount set forth in Supplier's bid and the specifications, the chemicals will be paid for as described in the Solicitation Document Package by unit. 3. The Contract Documents. The complete contract consists of the following documents: This Contract; the Solicitation Document Package, the Accepted Proposal; and Addendums Number issued, to the Supply of Sodium Bisulfite Solicitation Document Package. All rights and obligations of City and Supplier are fully set forth and described in the contract documents. All of the above -named documents are intended to cooperate, so that any requirement called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other contract documents, this Contract shall prevail. 4. Termination. The City may terminate this contract immediately in the event of Supplier's default or breach of the contract and upon 60 days written notice without cause. 5. Schedule. The products shall be loaded and delivered as scheduled in the Instructions to Suppliers. 6. LIABILITY INSURANCE. The Supplier shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. B. Pollution Liability, occurrence form with a limit of not less than $1,000,000 each occurrence. C. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles. D. Workers Compensation in at least the minimum statutory limits. Q9pw\PWEN4\A CONTRAC 512010\W WTP Coovec¢1BIwIfM'U4 MONTH BISULFITE.docx A-2 I I I I I I I i I I I I 1 1 1 I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 E. General Provisions for all insurance. All insurance shall: 1. Include the City of San_ Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents as additional insured with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above -designated insured. 2. Be primary with respect to any insurance or self-insurance programs of City and Estero, their elected and appointed officials, employees and agents. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. In addition to requiring that you provide an insurance certificate showing the levels and types of coverage required for your project or contract, the City of San Mateo also requires you to provide the City with a copy of the actual endorsements to the commercial general, automobile, and any excess liability insurance policies that show that the City of San Mateo and Estero Municipal Improvement District, their boards, commissions, officials, agents, and employees have been named as additional insured's by the insurers. These endorsements are required because California Insurance Code § 384 expressly provides that an insurance certificate is not proof of what the underlying insurance policy actually contains. If you look at an insurance certificate, you will notice that the certificate actually says the same thing. Therefore, a certificate has minimal legal value and the City cannot be reasonably certain that it is covered under the policies shown on the certificate without endorsements. An endorsement is a piece of paper that modifies the terms of the underlying policy and is issued by the insurance company itself, rather than a broker. A copy of a sample endorsement for commercial general liability is on the following page for your reference. 4. The insurance coverage shall not have any exclusion for toxic or hazardous materials of the type being transported. 5. No changes in insurance may be made without the written approval of the City Attorney's office. Q\pWPWENGA CONTRACTS@11111\W WTP Conmc,s\BisuIflI a4 MONTH BISULFITE.tlocz A-3 1 I I I I I I 1 I I I I t I I 1 1 CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR SUPPLIERS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of person or organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This insurance shall apply as primary insurance as respects any Person, Organization, Partnership or Joint Venture named above, and any other insurance available to such Person, Organization, Partnership or Joint Venture shall be excess and not contributory with the insurance afforded by this policy. Q'.OvIPWEN A_COMRACTS101MWWIP CoranaVLBISIMitel24 MONTH BISOLFIEdoc, A-4 I I 1 I I I I 1 I I 1 I I I i I I I CITY OF SAN MATEO, CALIFORNIA SUPPLY OF SODIUM BISULFITE August 1, 2010 to July 31, 2012 7. Hold Harmless and Indemnity Provision. Supplier agrees (1) to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District and their elected and appointed officials, employees and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees and agents, and (2) to defend City of San Mateo and/or Estero Municipal Improvement District, their elected and appointed officials, employees and agents there against; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District (b) the active negligence of City of San Mateo or Estero Municipal Improvement District; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. 8. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. 9. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed -upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 10. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. Q\pwPW£NQA CONTRACTSO11NWWTP Co,b,cI,Birvlf'HE1 MONTH BISULFfIE.tlou A-5