1-IFB25-26 29 Water Treatment Chemicals.pdf

INVITATION FOR BIDS

FOR

PROVISION OF WATER TREATMENT CHEMICALS

LIQUID OXYGEN AND CARBON DIOXIDE

(IFB25/26-29)

Submit Bids to:

Renee Gonzalez, Buyer

Procurement & Contracts Division Alameda County Water District

43885 S. Grimmer Blvd.

Fremont, CA 94538 Tel.: (510) 668-4294

Issued: March 10, 2026

TABLE OF CONTENTS Page

SECTION 1: INVITATION

SECTION 2: INFORMATION / INSTRUCTIONS TO BIDDERS

2.1 DEFINITIONS

2.2 BACKGROUND

2.3 EXAMINATION OF BID DOCUMENTS

2.4 SOLICITATION TIMELINE

2.5 PRE BID MEETING & SITE VISIT

2.6 BIDDER QUESTIONS

2.7 POINT OF CONTACT

2.8 ADDENDA TO THE SOLICITATION

2.9 BIDDER QUALIFICATIONS

2.10 PREPARATION AND SUBMISSION OF BIDS

2.11 SUBMITTALS

2.12 PRICING

2.13 GROUNDS FOR REJECTION

2.14 PERIOD FOR ACCEPTANCE OF BIDS

2.15 MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

2.16 RESERVATIONS

2.17 MULTIPLE BIDS

2.18 TIE BIDS

2.19 NO WAIVER

2.20 SUBSTITUTIONS

2.21 AWARD OF CONTRACT

2.22 EXECUTION AND ACCEPTANCE OF THE CONTRACT

2.23 PUBLIC RECORDS

2.24 PREVAILING WAGES

2.25 PROMPT PAYMENT DISCOUNT

SECTION 3: SCOPE OF WORK/SERVICES AND SPECIAL PROVISIONS

3.1 GENERAL DESCRIPTION

3.2 CARBON DIOXIDE (CO2)

3.3 LIQUID OXYGEN (LOX)

3.4 QUANTITY

3.5 CERTIFIED WEIGHT CERTIFICATE

3.6 ORDER PLACEMENT

3.7 DELIVERY

3.8 CARGO TRAILERS

3.9 STORAGE SYSTEM

3.10 SECURITY

3.11 CONTRACT TERM & TYPE

3.12 BASIS OF AWARD

3.13 CONTRACTOR RESPONSIBILITY

3.14 ACCEPTANCE / REJECTION

3.15 CONTRACT DOCUMENTS

3.17 DISTRICT HOLIDAYS

SECTION 4: APPENDECES A & B

SECTION 1: INVITATION

The Alameda County Water District (District) invites qualified Contractors to respond to this Invitation for Bids (IFB) for the provision water treatment chemicals, specifically Liquid Oxygen (LOX) and Carbon Dioxide (CO2) hereafter referred to as “Products”. The District has one (1) water treatment facility, located within its service area, in the city of Fremont, where the chemical will be delivered. The District’s intent is to issue an Agreement(s) with a two (2) year base term and three (3) one-year options for renewal at the District’s sole discretion.

SECTION 2: INFORMATION / INSTRUCTIONS TO BIDDERS

2.1 DEFINITIONS

Whenever the following words occur in this Contract, they shall have the following meanings:

BIDDER means any potential Contractor who responds to this Invitation for Bids.

COMPETITIVE SEALED BIDDING is a transparent procurement method in which Bids from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed Contract. Award is typically made to the lowest responsive and responsible Bidder.

CONTRACT ADMINISTRATOR shall mean the District employee under whom the Contract will be performed, directed, inspected and supervised. Any reference to the Contract Administrator in the Contract shall mean the Contract Administrator or designated representative.

CONTRACTOR or CONSULTANT means any person having a Contract with ACWD.

DISTRICT or ACWD shall mean the Alameda County Water District.

INVITATION, INVITATION FOR BIDS, or IFB means all documents, whether attached or incorporated by reference, utilized for soliciting sealed competitive Bids, also referred to as Solicitation.

PURCHASING OFFICER mean the ACWD employee duly authorized to enter into and administer contracts and make written determinations with respect thereto.

RESPONSIBLE BIDDER means a Contractor who has the capability in all respects to perform fully the requirements stated in the Invitation for Bids and who has the integrity and reliability that will assure good faith performance.

RESPONSIVE BIDDER means a Contractor who has submitted a Bid that fully conforms to the requirement of the Invitation for Bids.

WORK means the requested services, supplies or equipment.

REQUIREMENTS CONTRACT means a contract between a supplier (or manufacturer) that agrees to sell all the particular products that the buyer needs, with no guarantee of a minimum or maximum amount, and the buyer agrees to purchase the goods exclusively from the supplier as long as the supplier pertains in accordance with the Agreement.

2.2 BACKGROUND

The District is a California Special District located in the San Francisco Bay Area. The District supplies water to the cities of Fremont, Newark, and Union City in southern Alameda County. The first water district formed in California under the County Water District Act of 1913, the District today has a staff of approximately 240 employees and supplies drinking water to more than 348,000 people. The District covers approximately 105 square miles and provides water service through over 87,000 connections. With diverse water sources that include the State Water Project, water imported from the City and County of San Francisco Water Department, and local groundwater, the District has consistently been able to accomplish its mission of providing a reliable, sustainable, high-quality water service at a reasonable price to its customers.

2.3 EXAMINATION OF BID DOCUMENTS

• The Work described herein shall be in accordance with ACWD’s Specifications, current Terms and Conditions, Special Provisions contained or referenced in this Solicitation.

• Before submitting a Bid, each Bidder must (a) examine the Bid Documents thoroughly and (b) familiarize itself with any applicable Federal, State and local laws, ordinances, rules and regulations, and specifications affecting performance of the Work in this IFB.

• The submission of a signed Bid will certify that the Bidder has read, understands and can comply with every requirement of this IFB, including its terms and conditions, under which this IFB will be awarded, administered, and performed.

2.4 SOLICITATION TIMELINE

The following is the anticipated Solicitation timeline. The District reserves the right to extend any deadline in the timeline below by issuance of an addendum.

Activity Date

Bid Issued: March 10, 2026 Mandatory Pre-Bid Meeting & Site Visits: N/A Questions from Bidders Due: March 31, 2026 District’s Responses to Questions (Addendum): April 15, 2026 Bid Due Date: April 30, 2026 by 2:00 p.m.

Anticipated Award: July 2026

2.5 PRE BID MEETING & SITE VISIT

Not Applicable.

2.6 BIDDER QUESTIONS

All prospective Bidders must carefully examine the Solicitation documents, including terms and conditions. In the event of doubt of anything contained in this IFB, all questions or requests for clarification about the meaning or intent, discrepancies or omissions of the bid documents shall be submitted in writing no later than date specified in Section 2.4 via the District’s E-Procurement system website at https://acwd.bonfirehub.com.

Responses to questions and requests for clarification will be posted to the District’s E-Procurement system website via https://acwd.bonfirehub.com no later than date specified in Section 2.4.

Only questions answered in a formal written response will be binding. Oral and other interpretations or clarifications will be without legal effect. Any information given to a prospective Bidder by the District will be furnished to all prospective Bidders, if that information is necessary in submitting Bids, or if the lack of such information would be prejudicial to other prospective Bidders.

Bidders are responsible for checking the District’s website for any addenda. The District makes no guarantee that any questions submitted after the deadline will be answered.

https://acwd.bonfirehub.com/portal/?tab=openOpportunities

2.7 POINT OF CONTACT

The Point of Contact for this solicitation is Renee Gonzalez, Buyer, (renee.gonzalez@acwd.com).

Bidders are not permitted to contact District employees, other than the Point of Contact identified above regarding this IFB.

2.8 ADDENDA TO SOLICITATION

Each Bidder shall acknowledge receipt of any addendum to this Solicitation by acceptance of the addendum on the District’s e-procurement system. Failure to acknowledge the addenda prior to the time and place specified for receipt of Bids may render the Bid non-responsive.

2.9 BIDDER QUALIFICATIONS

• Performance and Experience Bidder shall be responsible and have the capability to properly furnish the Products for the duration of the contract term, and shall have the necessary expertise, personnel, equipment, and sufficient capital to provide the Product in accordance with the bid documents.

• Minimum Experience Bidders for this solicitation shall have a minimum of five (5) years’ experience in the provision and delivery of the requested Products in similar quantities as stated within this Solicitation.

• References Bidder shall be required to provide three (3) customer references (government or private industry for contracts of similar scope and size completed within the last five (5) years. These customers may be contacted by the District. Responses will be considered by the District in assessing Bidder responsibility. Customer contact information must be submitted in via https://acwd.bonfirehub.com. Any bid submissions not submitted through the District’s eProcurement portal shall not be considered.

2.10 PREPARATION AND SUBMISSION OF BIDS

• Bid Forms Each Bidder shall submit a Bid using the available forms provided by the District, through the E-procurement system. All forms must be completed in full and all blank spaces shall be properly filled in. Each Bidder shall state a fully burdened cost for the stated service or commodity listed in the IFB.

Bidders shall comply with instructions in the Bid. The Bid must include Bidder name, contact name, address, email address and telephone information.

If changes are required, changes can be made up to the closing date and time listed in Section

2.4 “Solicitation Timeline.” For the Bid to be responsive there must be no question about what the Bidder intended.

Unless specifically called for in the IFB, alternate Bids will not be considered and the Bid shall be deemed non-responsive.

Completed Bid forms and required attachments shall be submitted via https://acwd.bonfirehub.com. Any bids not submitted via https://acwd.bonfirehub.com shall not be considered.

mailto:renee.gonzalez@acwd.com https://acwd.bonfirehub.com/ https://acwd.bonfirehub.com/ https://acwd.bonfirehub.com/

Each bid must be received with guaranty, if applicable, prior to the time set for the receipt of Bids.

No other method of submission, other than those specified herein, shall be considered.

Unauthorized conditions, limitations or provisions attached to a bid will render the bid non-responsive.

• Location & Timely Delivery The Bidder shall assume full responsibility for timely delivery via https://acwd.bonfirehub.com for receipt of Bids.

Upon receipt by the Procurement & Contracts Division, each Bid shall be stamped with the time and date received via the District’s E-Procurement System.

Any Bid received after the exact time for receipt as specified in Section 2.4 will not be considered for award. However, an exception may be made when a late Bid would have been timely but for the action or inaction of District personnel.

• Opening of Bids Bids will be received until the date and time as specified in Section 2.4. Bids shall not be opened until said day and time. Bids will not be publicly opened. Bid results will be posted via https://acwd.bonfirehub.com

2.11 SUBMITTALS

Each Bidder shall submit the following at the time of bid:

• Complete the required Bid Table in the District’s eProcurement System (Bonfire)

• Complete and submit Appendix A Forms in the District’s eProcurement System (Bonfire)

• Proof of Bidder’s drug and alcohol testing policy and procedure with respect to the Federal

Omnibus Transportation Employee Testing Act of 1991 (Bonfire)

• Evidence of current NSF 60 Drinking Water Treatment Chemical certification from NSF, Water Quality Association (WQA) and/or Underwriter Laboratory (UL) for the chemical plant of origin (Bonfire)

• Product technical specification sheet(s) (Bonfire)

• Safety Data Sheets (SDS), one (1) complete set per chemical (Bonfire)

• Evidence of ability to meet required Insurance in the form of a broker’s letter or insurance certificate (Bonfire)

• Evidence of MCS-90 (Bonfire)

2.12 PRICING

Prices should be stated in the specified units. If there is a discrepancy between the unit price and total or extended price, the unit price shall prevail. Where there is a conflict between words and figures, words will govern.

2.13 GROUNDS FOR REJECTION

Any false, incomplete or otherwise unresponsive statements in or in connection with a bid or any documentation or other information supplied to the District by a Bidder shall be cause for rejection by the District of the bid or disqualification of the Bidder at the District’s sole discretion. Any judgment as to the significance of any falsity, incompleteness or unresponsiveness shall be made at the discretion of the District, and its judgment shall be final.

2.14 PERIOD FOR ACCEPTANCE OF BIDS

To allow for adequate evaluation, the District requires a response to this Solicitation to be valid and irrevocable for 120 calendar days after submittal date and time.

No Bidder may withdraw a Bid within 120 days after the Bid opening date. Errors in judgment and/or carelessness on the part of the Bidder in preparing the Bid confer no right for the withdrawal of the Bid after it has been opened. Should there be valid reasons why the Contract cannot be awarded within the specific period the time may be extended by mutual agreement between the District and the Bidder.

2.15 MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

• Bids may be withdrawn prior to the Bid due date, via the District’s e-procurement system at https://acwd.bonfirehub.com

• Bidder may modify a bid by withdrawing its original bid and submitting a replacement bid, via https://acwd.bonfirehub.com provided that the Bidder’s withdrawal and replacement bid occurs prior to the IFB closing date time.

• A replacement bid must be executed and submitted in a form and manner that complies with the requirements set forth in this IFB.

• No withdrawal request or replacement bid will be allowed after the IFB closing time.

• After the bid closing time, Bidder’s may not withdrawal their bid for a period of One Hundred and Twenty (120) days.

• At no time may the successful Bidder withdraw their bid.

2.16 RESERVATIONS

The District reserves the right to do any of the following at any time:

• Reject any or all Bids;

• Waive or correct any minor or inadvertent defect, irregularity, informality, or technical error and any Bid or procedure as part of the IFB;

• Require Bidder to submit breakdown of cost or pricing data provided in Bid;

• Make multiple awards from this solicitation;

• Accept Bid for any item or group of items unless the Bidder specifies otherwise in the Bid or gives notice of an all or nothing award;

• Terminate this IFB or any portion of the IFB process and issue a new IFB any time thereafter;

• Extend any or all deadlines in the IFB, including the deadline for accepting bids;

• Disqualify any Bidder on the basis of any real or apparent conflict of interest or evidence of collusion that is disclosed by the bid or other data available to the District. Such disqualification is at the sole discretion of the District and its decision shall be final;

• Reject the bid of any Bidder that is in breach of or in default under any other agreement with the District;

• Reject any bid deemed by the District to be non-responsive and/or conditional;

• Make such investigations as deemed necessary to determine if a Bidder is capable of meeting contract requirements. The determination of the District as to the Bidder’s ability to perform is at the sole discretion of the District and its decision shall be final;

• Determine whether a bid meet, exceed or does not meet District’s specification.

2.17 MULTIPLE BIDS

A Bidder may submit only one Bid via https://acwd.bonfirehub.com. More than one Bid from an individual, firm or partnership, corporation or association under the same or different names will not be considered on any given Bid and may be considered grounds for rejection and disqualification of the Bids involved.

2.18 TIE BIDS

A tie bid exists when two or more responsive and responsible Bidders submit bids with an identical price. Award will be determined by a toss of a coin performed by the Purchasing Officer in the presence of the two tie bidders.

2.19 NO WAIVER

The District’s failure to address errors or omissions in a bid or acceptance of a bid shall not constitute a waiver of any requirement of the IFB by the District.

2.20 SUBSTITUTIONS

No substitutions shall be allowed.

2.21 AWARD OF CONTRACT

The District will issue one or two Agreement(s) to the responsive and responsible Bidder(s) who submits the lowest Bid for the estimated quantities of the Products in conformance with the Invitation for Bids. Separate Agreements may be awarded for Line items 1 and 2 The District will make a determination of whether the minimum qualifications, as described in Bidder’s Qualifications herein, have been met.

The Contract will be awarded by the District, by written acceptance within 120 days after the day of the Bid Opening or within the time for acceptance specified in the Invitation for Bids, or in any extension thereof agreed to by the parties.

2.22 EXECUTION AND ACCEPTANCE OF THE CONTRACT

The Bid as submitted shall serve as the final Contract acceptance document of a Bidder. The District will advise the selected Bidder by issuing an Intent to Award letter, as well as request any additional documentation as required by the Contract Documents.

Failure by the Bidder to execute the Contract and submit other documents as required by the IFB within five (5) business days of receiving the Intent to Award letter shall be just cause for canceling the Award. Award may then be made to the next lowest, responsive and responsible Bidder or the Work may be re-solicited, at the sole discretion of the District.

A notice to proceed (NTP) will be issued after (1) a Contract has been executed by both the District and the successful Bidder and (2) receipt and acceptance by the District of a Bidder’s insurance, bonds, if applicable and any other required documents.

2.23 PUBLIC RECORDS

The California Public Records Act (commencing at California Government Code Section 6250) mandates public access to government records. Therefore, unless the information is exempt from disclosure by law, the content of any request for explanation, exception, substitution, response to these specifications, protest, or any other written communication between the District and the Bidder shall be available to the public.

If the Bidder believes any communication contains trade secrets or other proprietary information that the Bidder believes would cause substantial injury to the Bidder’s competitive position if disclosed, the Bidder shall request that the District withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. The Bidder may not designate its entire bid as confidential. Additionally, the Bidder may not designate the Bid Forms or cost as confidential.

If the Bidder requests that the District withhold from disclosure information identified as confidential and the District complies with the Bidder’s request, the Bidder shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the District from and against all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to withholding Bidder information. The Bidder shall not make a claim, sue, or maintain any legal action against the District or its directors, officers, employees or agents in connection with the withholding from disclosure of Bidder information.

If the Bidder does not request that the District withhold from disclosure information identified as confidential, the District shall have no obligation to withhold the information from disclosure and may release the information sought without liability to the District.

2.24 PREVAILING WAGES

Contracts exceeding $1000 with the District are considered “Public Works” when they include services for construction, alteration, demolition, repair work and maintenance services.

If the project falls within the classifications of “Public Works” The project will require payments of not less than the general prevailing rates for per diem wages, overtime work, legal holidays, other employee payments, and travel & subsistence if applicable, in the locality in which the work is to be performed for each craft, classification, or type of worker needed as required in the California Labor Code. Such rates of wages are on file with the Department of Industrial Relations and in the office of the District and are available to any interested party upon request.

Contractors shall promptly notify the District in writing, about any classifications of labor not listed in the prevailing wage determination but necessary for the performance of the work.

Contractors will post a copy of the determination of prevailing rates at the job site/s.

If the contract totals $30,000 or more and requires 20 or more working days, the prime contractor will comply with and be responsible for compliance with all applicable provisions of Labor Code section 1777.5 for all apprentice able occupations.

Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury. The District requires hard copies of these records for verification, prior to making related payments to the contractor (this is in addition to the electronic reporting required by the DIR).

This is notice that contractor/s and subcontractor/s: must register with the California Department of Industrial Relations (DIR) and that:

• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

• No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

• All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

2.25 PROMPT PAYMENT DISCOUNT

Prompt payment discounts may be considered in the evaluation of offers if the discount for payment is made fifteen days or more from receipt of invoice. Any Payment discounts offered must be noted IFB Bid Form.

SECTION 3: SCOPE OF WORK/SERVICES AND SPECIAL PROVISIONS

3.1 GENERAL DESCRIPTION

This specification describes the Products and Services to be provided under this Solicitation. The Services consist of the provision and delivery of both LOX and CO2, as detailed below. The Contractor shall provide all labor and equipment to satisfactorily provide the service. Nothing in this Specification shall be interpreted as relieving the Contractor of the responsibility of meeting all applicable federal, state and local codes and regulations.

3.2 CARBON DIOXIDE (CO2)

• Product The CO2 shall conform to the current version of the American Water Works Association (AWWA) Standard for Carbon Dioxide, B510-18, except as modified or supplemented herein.

The carbon dioxide delivered under this Contract shall be tested and certified as meeting the specifications of the American National Standard Institute/National Sanitation Foundation Standard 60 (ANSI/NSF 60), Drinking Water Treatment Chemicals—Health Effects. The NSF UL, and/or WQA certification for the products bid must be current on the date of bid submittal.

• Quality The carbon dioxide supplied under this Contract shall be required to meet the following quality standards:

o The carbon dioxide shall contain no less than 99.5% by weight CO2 o Shall contain no more than 10 parts per million (ppm) nonvolatile residue o The water content of the liquid carbon dioxide shall not exceed 200 ppm (volume per volume

[v/v] – 32oF dew point) at the time of delivery

• Certificates of Analysis A certificate of analysis from a certified laboratory shall be submitted for each CO2 delivery made to the District, and when a significant change occurs in the manufacturing process. This report shall contain the following:

o Percent by weight carbon dioxide (in %) o Water content (in ppm) o Non-volatile residues (in ppm) o Date of manufacture o Date of Delivery o Shipper ID No deliveries will be accepted by the District unless accompanied by said certificate of analysis for the specific batch or lot of chemical delivered. No deliveries will be accepted by the District without a reasonable opportunity to review said certificate of analysis.

There shall be no charges to the District for any delays due to issues with the certificate of analysis. The District reserves the right to conduct an independent analysis.

Failure to supply the required certificate of analysis shall be sufficient cause to reject the load.

A certificate of analysis that does not meet AWWA Standard B510-18 shall be cause to reject the load.

3.3 LIQUID OXYGEN (LOX)

• Product

The LOX shall conform to the American Water Works Association's (AWWA) Standard B-304, current revision, except as modified or supplemented herein The LOX supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals - Health Effects. The NSF certification for the products bid must be current on the date of bid submittal.

• Quality The liquid oxygen supplied under this Contract shall be required to meet the following quality standards:

o LOX shall conform to the Compressed Gas Association’s Specification G-4.3, for quality verification level of Grade B or better Type II liquid oxygen.

o The dew point shall not be above -80.0 F at standard atmospheric pressure at the time of delivery.

o The total hydrocarbon content (THC) as methane of the delivered LOX shall not exceed 25 ppm.

o The minimum purity shall be 99.5 percent (mole/mole).

• Affidavit of Compliance An affidavit of compliance shall be provided for each delivery of LOX. Said affidavit shall contain the following:

o Dew Point (temperature – degrees Fahrenheit) o Total hydrocarbon content (as methane) (ppm) o Liquid Oxygen Purity (mole/mole or %) o Specific weight of O2 (lbs./gal) Compressed Gas Association Grade delivered Contractor shall immediately notify the District of any scheduled or unscheduled change in their source of supply or their production process which may affect the chemical, physical or impurity properties of the LOX. Such changes will require the submittal of an updated affidavit of compliance and an updated laboratory certification as described herein.

• Certified Laboratory Report A certified laboratory report shall be submitted for the first LOX delivery made to the District, and when a significant change occurs in the manufacturing process as well. This report shall contain the following:

o Liquid Oxygen Purity (% by weight) o Density (lbs/gal) o Specific gravity @ 1 atm o Water content, ppm o Dew point (degrees Fahrenheit) o Total hydrocarbon content (as methane), ppm o Permanent particles (mg/L [1 mm]) o Odor (present/absent) No deliveries will be accepted by the District unless accompanied by said certificate of analysis for the specific batch or lot of chemical delivered. No deliveries will be accepted by the District without a reasonable opportunity to review said certificate of analysis.

There shall be no charges to the District for any delays due to issues with the certificate of analysis. The District reserves the right to conduct an independent analysis.

Failure to supply the required report shall be sufficient cause to reject the load. A report that does not meet AWWA Standard B304 shall because to reject the load.

• Spillage The District has a "zero leakage" policy for chemical transfer operations. Contractor shall furnish equipment and training of truck drivers to minimize the chance of spillage during connection and disconnection of hoses, and during the transfer of chemical.

In the event of leakage or spillage, Contractor shall affect immediate containment, clean-up, disposal, and restoration activities in accordance with applicable laws and regulations and subject to the District's satisfaction. All material associated with such clean-up operations such as spent absorbent shall be removed by the Contractor.

Contractor shall be notified promptly of any spillage which, in the opinion of the District, is inadequately cleaned up by the Contractor's personnel. Any spillage inadequately cleaned up within four (4) hours of notification or, at the discretion of the District, any spillage that requires immediate clean up exceeding the abilities/equipment of the driver will be cleaned up by the District. The Contractor shall be responsible for reimbursing the District for the costs incurred, including fines or penalties which may be imposed by regulating authorities.

The District's chemical delivery sites do not have facilities for washing down Contractor’s equipment. Hoses, valves, and other equipment used by the truck driver in delivering the chemical shall not be washed at the District's facilities.

3.4 QUANTITY

The estimated quantities for the chemicals listed on the Bid Schedule may vary with the actual demands of the District. 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.

Neither an under-run, regardless of extent, nor an over-run, 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.

3.5 CERTIFIED WEIGHT CERTIFICATE

Prior to the unloading of any chemical, the Contractor shall submit a certified weight certificate to the operator receiving and accepting delivery.

3.6 ORDER PLACEMENT

The District shall notify the Contractor a minimum of four (4) days in advance of the requirements for each delivery. District Treatment Operators will place orders on an as needed basis. The Contractor shall be responsible for providing all the necessary information allowing staff to place orders. The Contractor shall provide a firm delivery date to District Treatment Operators within twenty-four (24) hours of receipt of order. The Contractor shall deliver the product within three (3) days of receipt of the order from District staff. The Contractor shall then arrange for delivery during acceptable hours, as stated in Section 3.7 “Delivery.” The Operator placing the order will indicate where to deliver the product at the time the delivery is placed.

3.7 DELIVERY

The Contractor shall make chemical deliveries, as stated above, in Section 3.6 “Order Placement,” in single-unit cargo trailers to Water Treatment Plant No. 2, located at 42436 Mission Boulevard, Fremont, California 94539. Delivery shall take place between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday. If the Contractor for any reason cannot make the delivery during the stated hours, the Contractor shall notify the District and an alternate time may be arranged at the discretion of the District.

Persistent clogging or quality problems may be considered a breach of the contract.

3.8 CARGO TRAILERS

All cargo trailers used for delivery must be manufactured to meet American Society of Mechanic Engineers (ASME) pressure vessel code.

All cargo trailers and appurtenant valves used for the delivery of the chemical under this Contract 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.

All appurtenant valves, pumps, and discharge hoses used for the delivery of chemicals shall be clean and free from contaminating material, including, but not limited to, de-foaming agents. If off-loading equipment is not properly cleaned, this will constitute a reason for rejection of the load.

3.9 STORAGE SYSTEM

The LOX tank is 11,000 gallons in size and the CO2 tank is 7,100 gallons in size. Both tanks have a 2” screw for a high pressure hose.

The District shall maintain a storage system and the site on which the storage system is located.

Contractor will have the right, without any liability hereunder, to refuse to deliver Product into such storage system if Contractor reasonably determines that such storage system or site is unfit for the storage or delivery of Product or the site on which the storage system is located is not safe as determined by Contractor for the delivery of Product.

3.10 SECURITY

The Contractor shall provide the District with the driver’s name and driver’s license number at least 48 hours prior to all deliveries. The truck driver will be required to provide photo identification and a bill of lading for the chemical being delivered before entering the plant site. The District has the right to search any vehicle or truck or any suspicious looking packages. Failure to provide the required information and/or search of vehicle or packages will preclude entry until security measures are satisfied.

In addition, the certificate of analysis, affidavit of compliance and certified laboratory report, bill of lading, and photo identification must be provided to the plant operator prior to off-load. There shall be no charges to the District for any delays in off-loading of chemical or refusal of shipment for security reasons.

3.11 CONTRACT TERM & TYPE

• Contract Term The base term of the Contract(s) shall be for a period of two (2) years, during which all unit prices shall remain firm. The Agreement may be extended for an additional three (3) one-year option terms, or any portion thereof, at the sole option and discretion of the District. Should the District exercise the option(s) to extend the Agreement, unit prices may be adjusted at the beginning of each option year in accordance with Section 3.16, “Economic Price Adjustment.”

• Requirements Contract

Bidders acknowledge that the Contract(s) that will be entered into as a result of this Solicitation will be a Requirements Contract(s). The quantities stated herein are estimates given as a general guide for bidding and are not guaranteed amounts, but do represent the best estimate of the District, based on projected need.

3.12 BASIS OF AWARD

The District reserves the right to make an award, by line item or in total, whichever is in the District’s best interest, based upon the lowest responsive and responsible Bid(s).

3.13 CONTRACTOR RESPONSIBILITY

The Contractor shall be responsible for ensuring that the following requirements are met:

• Contractor shall inform the District (within 24 hours from the time of verbal or written notification) that NSF, WQA, and/or UL certification has been revoked or lapsed. Loss of NSF, WQA, and/or UL certification shall constitute sufficient grounds for immediate termination of the resulting contract(s).

• Contractor shall conduct a comprehensive inspection of the storage tanks and unloading equipment prior to initial delivery to ensure safe delivery of water treatment chemical.

• The truck driver has received appropriate training and shall wear the appropriate personal protective equipment as required by the California Occupational Safety and Health Act (CAL-OSHA) when unloading chemicals.

• Furnished equipment, materials, and/or services shall comply with all OSHA standards and regulations, and all applicable governmental laws and orders.

• Furnish a minimum of one (1) copy of the Safety Data Sheet (SDS) for the product prior to the initial delivery. An updated copy is required to be transmitted to the District as soon as available if any changes, additions or deletions occur. Failure to comply may result in cancellation of this Contract.

• The truck driver must check in with the plant operator at each site, receive site orientation from the operator, and acknowledge having received such orientation before beginning the unloading operation.

3.14 ACCEPTANCE / REJECTION

The District reserves the right to subject samples of any chemical, to be collected during delivery (before the chemical enters the storage tank) or request the Contractor to supply samples for analysis to ensure the chemical delivered meets District specifications. If, in the opinion of the District, there is a necessity to remove the chemical, it shall be the Contractor's responsibility to remove all contaminated chemical within 24 hours of being notified.

Product delivered hereunder will meet the specifications. The District may reject any Product which does not meet the specifications and no charge will be made for Product so rejected. No claim of any kind with respect to the conformance of Product to meet specifications, whether or not based on negligence, warranty, strict liability or any other theory of law, will be greater than the price of the quantity of nonconforming Product in respect to which such claim is made.

If the Product does not meet the specifications, Contractor will, at the District's sole discretion, replace the Product with Product that meets the specifications at no cost to the District or refund the District the price of the nonconforming Product, plus the cost for the District to remove the nonconforming Product from the Storage System. The foregoing constitutes District's exclusive remedy and Contractor's sole obligation with respect to any such claim. There are no express warranties by Contractor other than those specified in this article.

No warranties by Contractor (other than warranty of title as provided in the uniform commercial code) will be implied or otherwise created under the uniform commercial code including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. Contractor agrees that this limitation of remedy applies only if Contractor provides Product that does not meet the Specifications and does not apply to any other situation involving Contractor's performance of this contract.

The Contractor shall remove and replace any and all chemical contaminated by a delivered load that fails to meet specifications without additional cost to the District, or the chemical shall be removed by the District and the cost for removal and disposal shall be billed to Contractor or deducted from any amount owed. Cost to clean the chemical storage tank and disposal of the material will be the responsibility of the contractor. No charges will be made for delivered material that is rejected.

Any lot as tested by District, which fails to comply with District specifications shall constitute grounds for rejection of that lot. Multiple rejections will constitute grounds for termination of the Contract.

3.15 CONTRACT DOCUMENTS

The Contract Documents may include any or all of the following: Invitation for Bids, Bid Submittal, Bonds, if applicable, Notice of Award, Notice to Proceed, Drawing(s), Technical Specification(s), Terms and Conditions, Special Provisions, and Addenda.

3.16 ECONOMIC PRICE ADJUSTMENT

All prices will remain firm for the base term of the Agreement period. Any de- escalation/escalation in prices may be approved on an annual basis thereafter at the sole discretion of the DISTRICT.

Requests for price adjustments must be made by the CONTRACTOR in writing at least 30 days in advance of the expiration of the base term and any subsequent option terms, if exercised. The baseline for determining price adjustments will be based upon each renewal date of the Agreement.

All requests for price increase or decrease are subject to review and approval by the DISTRICT.

The maximum increase will have a ceiling of 3.5% annually.

Changes in prices shall be based on the U.S. Bureau of Labor Statistics, Consumer Price Index, San Francisco Bay Area, average increase or decrease for the most recent 12 months, (see https://www.bls.gov/regions/west/news-release/consumerPriceIndex_SanFrancisco.htm).

3.17 STATUS OF CONTRACTOR, LICENSES AND PERMITS

Neither the CONTRACTOR nor any party contracting with the CONTRACTOR shall be deemed to be an agent or employee of the DISTRICT. The CONTRACTOR is and shall be an independent contractor, and the legal relationship of any person performing services for the CONTRACTOR shall be one solely between that person and the CONTRACTOR.

Contractor shall possess such State and local licenses, certificates and permits required of the Contractor by law, and shall furnish satisfactory proof to the District upon request that such licenses, certificates and permits are in effect during the entire period of the Contract.

When transporting equipment or materials over public roads, the Contractor shall comply with Division 15, Article 6 of the California Vehicle Code, which requires transportation permits for loads and/or vehicles that exceed statutory limits for size and weight. In addition to any State and/or County transportation permits required, City of Fremont requires transportation permits for oversized and/or overweight vehicles.

3.18 ACCIDENT PREVENTION / SAFETY

Contractor shall be solely responsible for job site safety, accident prevention, bodily injury, including death, to persons arising from its operations.

https://www.bls.gov/regions/west/news-release/consumerPriceIndex_SanFrancisco.htm

Contractor shall comply with all applicable federal, state, and local laws and regulations, including safety orders of CAL-OSHA and of the State of California, Department of Industrial Relations, Division of Industrial Safety, and shall also take or cause to be taken such additional measures as may be necessary for the prevention of accidents.

Contractor shall at all times conduct all operations under the Contract in a manner to avoid the risk of bodily harm to persons. Contractor shall continuously inspect all work, materials and equipment to insure safe working conditions are maintained.

During the performance of the work, Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

Contractor shall maintain an accurate record of, and shall report to the District in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract.

No part of the time lost due to any stop work order, for items related to this article, issued by proper authority shall be made the subject of claim for extension of time or for extra costs or damages by Contractor.

Compliance with the provisions of this article by subcontractors shall be the responsibility of the Contractor.

The Contractor shall exercise the necessary precaution to prevent unauthorized fires either within or adjacent to the work area and shall be responsible for all damage from fire due directly or indirectly to its own operations and/or employees of its subcontractors and suppliers. The contractor shall comply with all Federal, State and local laws and regulations

3.17 DISTRICT HOLIDAYS

Access to District facilities will be denied on holidays. It is the responsibility of the Contractor to determine on which specific dates the following holidays are observed by the District,

1) New Year’s Day

2) Martin Luther King Jr.’s Birthday

3) President’s Day

4) Memorial Day

5) Juneteenth

6) Independence Day

7) Labor Day;

8) Veteran’s Day;

9) Thanksgiving Day;

10) Day after Thanksgiving Day;

11) Christmas Eve;

12) Christmas Day.

SECTION 4: APPENDECES A & B