Bulk_12.5%_Sodium_Hypochlorite_and_Delivery_(Addendum_#1_Revision).pdf

PUBLIC WORKS DEPARTMENT

REQUEST FOR QUOTES GOODS (RFQ) #RFQ197475

FOR

BULK 12.5% SODIUM HYPOCHLORITE AND DELIVERY

(RFQ) DUE DATE

Wednesday, May 13, 2026 BEFORE 3:00 pm

Request for Quotes (RFQ) #RFQ197475 Bulk 12.5% Sodium Hypochlorite and Delivery

TABLE OF CONTENTS

Section 1 Introduction

Section 2 Request for Quotes Summary

Section 3 Instruction to Bidders

Section 4 Specifications

Section 5 Terms and Conditions of Purchase

Section 6 Base Bid Table - RFQ No. 197475

Section 7 Bidder's Questionnaire

Attachments:

A - SOW - RFQ197216_FINAL

B - Attachment B - Receiving Offloading Auth Form

C - Insurance Requirements Exhibit-Gen_Revised April 9,2025-Final

Request for Quotes (RFQ) #RFQ197475

1. INTRODUCTION

1.1. Summary

The City of Palo Alto, Regional water quality control Plant (RWQCP) is seeking quotations for the Bulk

12.5% Sodium Hypochlorite and delivery.

The quantity specified under this contract is approximate and may be increased or decreased in any amount to conform to the needs of the Palo Alto, Regional water quality control Plant (RWQCP). The

Plant estimates usage of sodium hypochlorite to be approximately 130,000 gallons per year.

Consumption rates will be higher during wet-weather that dry-weather.

There are two separate delivery points for sodium hypochlorite within the RWQCP. The DMF location includes one 6,000-gallon tank. The Chlorine building location includes two 6,000-gallon tanks. The supplier shall assume all deliveries will be split between the two locations. Renewable fuel for delivery trucks is required. The supplier shall budget the additional time to the onsite delivery into their unit price.

1.2. Background

The regional Water quality control Plant (RWQCP) treats wastewater from a total of six communities

(Partner Agencies) and produces approximately 230 million gallons per year of tertiary-treated recycled water for beneficial reuse. The RWQCP operates under strict regulatory requirements for disinfection of recycled; sodium hypochlorite is used as the primary disinfectant to meet standards.

1.3. Contact Information

Philip Mai

Buyer

Email: philip.mai@paloalto.gov

Phone: (650) 329-2178

Department:

Public Works

1.4. Timeline

RFQ Date April 21, 2026 mailto:philip.mai@paloalto.gov tel:(650)329-2178

Request for Quotes (RFQ) #RFQ197475 2

Question Submission Deadline May 1, 2026, 12:00am

Quote Submission Deadline May 13, 2026, 3:00pm

2. REQUEST FOR QUOTES SUMMARY

2.1. Quote Submittal Information

Bids shall be submitted electronically through the City’s OpenGov portal at:

https://procurement.opengov.com/portal/palo-alto-ca

Bids must be received by no later than 3:00 pm on Wednesday, May 13, 2026.

2.2. Addenda/Clarifications/Questions

Should discrepancies be found in this RFQ or should there be a need to clarify this RFQ, Questions/Clarifications must be received by no later than 12:00 am on Friday, May 1, 2026.

Correspondence shall be communicated through the City’s OpenGov portal within the Q&A tab.

Responses from the City will be communicated through the City’s OpenGov portal to all recipients of this

RFQ via addendum. Inquiries received after the date and time stated may not be accepted. All addenda shall become part of this RFQ and acknowledged through the City’s OpenGov portal. The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the

City or its representatives.

3. INSTRUCTION TO BIDDERS

3.1. Submittal

Quotes shall be submitted through the City’s electronic procurement system. A Quote which is attempted to be delivered or which is received after the stated time shall be deemed non-responsive and rejected. The Bidder shall have the sole and exclusive responsibility for ensuring that a quote is received by the time stated herein. Any Bid that is incomplete, unclear, or that fails to fully comply with the applicable requirements set forth herein, including, but not limited to, use of the forms provided by the City, may be rejected as nonresponsive.

3.2. Responsibility of Bidder

A Quote shall be submitted at the sole cost and expense of the Bidder and, in submitting such quote to the City, the Bidder waives any claim or demand against the City which the Bidder may have for any direct or indirect cost or expense of preparing and submitting such Bid.

3.3. Bid Submittals

Bid Form and Bidder’s Documents: Bids must be submitted though the City’s OpenGov portal. Bidder must complete all required items in full and provide signed versions of any documents required in this https://procurement.opengov.com/portal/palo-alto-ca

Request for Quotes (RFQ) #RFQ197475 3

RFQ (collectively, the “Bidder’s Documents”). The Bidder will ensure that the information the Bidder inputs into the electronic procurement system matches the information on the Bidder’s Documents it uploads to the electronic procurement system. Any conflict or discrepancy will be resolved as provided in below in "Requirements and Order of Precedence", below, of this Section ("Bid Submittals").

Bidder’s Questionnaire: Each Bid must be accompanied by a completed Bidder’s Questionnaire as provided in this RFQ. Submission of a Bidder’s Questionnaire containing false or incomplete information may be grounds for rejection of the Bid as non-responsive and/or disqualification of the Bidder as not responsible.

Requirements and Order of Precedence: In the event of any conflict or discrepancy between any requirements provided in this RFQ (including but not limited to bid submittal requirements) and any requirements that may be stated in the City’s electronic procurement system, the requirements of this

RFQ will control. In the event of any conflict or discrepancy between information included on (or omitted from) the Bid Form or Bidder’s Documents uploaded to the City’s electronic procurement system and any information inputted into the City’s electronic procurement system, the information included on (or omitted from) the uploaded information or Bidder’s Documents will control. For clarity, the Bidder’s Documents uploaded into the electronic procurement system constitute a Bidder’s Bid, whereas the information a Bidder inputs into the electronic procurement system is for administrative convenience and will not control over the uploaded Bidder’s Documents in event of a conflict or discrepancy.

3.4. Bid Authorization

Any person logging into the electronic procurement system to submit a Bid or any other electronic document required by the City must be authorized by the company or entity being represented, either in a personal or representative capacity, to access and submit such bid documents. If the person does business under his or her own name, that person shall login under his or her own login as authorized by the City’s OpenGov portal. If the person does business under a fictitious business name, that person shall login under his or her own login as authorized by the City's OpenGov portal. If the person logins for and on behalf of a partnership, the person shall do so with his or her authority to sign/login under his or her own login as authorized by the OpenGov.

3.5. Withdrawal of Bid

Prior to the date and time set for the opening of Bids, a Bidder who has submitted a bid and accepted the terms and conditions in the City’s electronic procurement system, may withdraw its bid by selecting

“Unsubmit Bid” at any time before the deadline for the receipt of Bids as specified in the RFQ Summary.

No Bidder may withdraw its Bid for a period of ninety (90) days after the date set for the opening of, subject to applicable California Law and Palo Alto Municipal Code Section 2.30.460(c), whichever occurs first.

3.6. Request(s) for Clarification

Any Bidder may submit a Question or Inquiry to the Question & Answer section of this RFQ for the clarification of any aspect of the Specifications or any other related information, or part thereof, which is a part of the RFQ. Such request shall be submitted electronically via the City’s electronic procurement system Q&A function. Such requests shall be submitted before 12:00 am on Friday, May 1, 2026. All

Request for Quotes (RFQ) #RFQ197475 4 responses will be made available on the City's OpenGov portal. The City reserves the right to issue an addendum or addenda per the "Addenda" Section of the Instructions to Bidders of the RFQ.

3.7. Addenda

The City reserves the right to issue a written Addendum or Addenda to the electronic solicitation prior to the bid closing date and time. During the Bid process there may be changes to the Contract

Documents, which would require an issuance of an addendum or Addenda. City disclaims any and all liability for loss, or damage to any Bidder who does not receive any addendum issued by City in connection with this RFQ. Any Bidder by submitting a Bid waives any and all claims and demands Bidder may have against City on account of the failure of delivery of any such Addendum to Bidder. Any and all

Addenda issued by City shall be deemed included in this RFQ, and the provisions and instructions therein contained shall be incorporated into any Bid submitted by Bidder.

3.8. Specifications

The specifications included have been prepared to describe the standard quality, and other characteristics needed to meet City requirements. The City has standardized its requirements for The

City of Palo Alto, Regional Water Quality Control Plant (RWQCP) is seeking quotations for the procurement and delivery of Bulk 12.5% Sodium Hypochlorite. and will not accept alternate quotation of a designed material, product, thing, service, “or equal other that specified in the "Specifications" Section of this RFQ.

3.9. Electronic Opening

All Bidders and members of the public may view bid results in the electronic procurement system after bid closing. The City reserves the right to change the originally scheduled Bid date and time to a later date and time by issuing an electronic Addendum to that effect. Any and all Bids received by the City before the deadline shall be accepted by the electronic procurement system.

3.10. Contract Award

Subject to the conditions of this RFQ, the City will award the contract, if an award is made, to the lowest responsive and responsible Bidder. In determining whether the Bidder is responsible, the City will use the criteria set forth in Palo Alto Municipal Code Section 2.30.440, as set forth below:

1. To have demonstrated the attribute of trustworthiness, and to have the quality, fitness, capacity, experience, and skill to satisfactorily perform the work, or provide the goods and/or services called for in the invitation for bids;

2. To have the ability to perform the contract within the time specified;

3. To have the equipment, facilities and resources of such capacity and location to enable the bidder to perform the contract;

4. To have the ability to provide, as required, future maintenance, repair, parts and service for the use of goods purchased;

5. To have a record of satisfactory or better performance under prior contracts with the city or others; and

Request for Quotes (RFQ) #RFQ197475 5

6. To have complied with applicable laws, regulations, policies (including city policies), guidelines and orders governing prior or existing contracts performed by the bidder.

3.11. Determination of Lowest Bid

The lowest bid shall be the lowest total of the bid prices quoted on the Bid Schedule. This total is being used for the purpose of determining the lowest bid.

The lowest Bid shall be the lowest total of the Base Bid prices for Year 1 (Table A) , Year 2 (Table B) and

Year 3 (Table C). Year 2 and Year 3 specifically identify in this RFQ as being used for the purpose of determining the Bid price. For purposes of this section, the Bid for additional years two and three are used for determining the Bid price are Year 2 and Year 3, Bid Tables B and C and with the delivery requirement of NO VALUE.

3.12. Waiver of Minor Irregularities

The City may exercise its discretion to waive minor irregularities, defects or informalities in the

Bids/Quotes, so long as the waiver would not affect the amount of the Bid or give the Bidder an advantage over others.

3.13. Bid Discrepancies

In the case of a discrepancy between a written amount and the corresponding figures, the written amount shall govern. In the case of a discrepancy between an item price and the corresponding unit price multiplied by the corresponding estimated quantity, the unit price multiplied by the estimated quantity shall govern. In the case of discrepancy between the actual arithmetic total of all items and the total stated by the Bidder, the actual arithmetic total shall govern.

3.14. Award of Contract and Rejection of Bids

Decision to Award

A contract may be awarded to the lowest responsible bidder. The City reserves the right to award more than one Contract with respect to the RFQ.

Decision to Reject

The City reserves the unfettered right to reject all Quotations for any reason or for no reason, to re-advertise an RFQ, or to cancel an RFQ. The City reserves the right to reject as non-responsive any

Quotation which is incomplete, modified, unsigned, or illegible or which is not otherwise submitted in accordance with the requirements of this RFQ.

3.15. Term of Agreement

City intends to issue a Blanket Order to provide for the purchase and delivery of The City of Palo Alto, Regional Water Quality Control Plant (RWQCP) is seeking quotations for the procurement and delivery of Bulk 12.5% Sodium Hypochlorite. as required by the Environmental Services Division. A City of Palo

Alto representative will issue release orders for goods on an as requested and authorized basis.

Quantities specified in the Bidder Bid Pages are approximate and total of the bid will be used for the purpose of selecting the lowest responsive and responsible bidder. The term of the pricing agreement

Request for Quotes (RFQ) #RFQ197475 6 shall be effective on the date of award and shall expire within, and may be extended by City for up to an additional two (2) 12-month periods for a maximum of 36 months.

Subject to:

• Firm fixed price for the initial term of the pricing agreement;

• City Council’s approval of each fiscal year budget and appropriation of funds;

• The Vendor’s compliance with the terms and conditions as established by this RFQ;

• The Vendor’s ability to deliver within a maximum of (2) calendar days following City’s request as specified in Scope of Work, Section 3 (Attachment B).

• The Vendor’s satisfactory performance, and timely compliance with the requirements of this

RFQ;

• Firm fixed pricing for the entire term, as set forth herein;

• Payment terms are Net 30 or greater; and

• Notwithstanding the foregoing, City may terminate the agreement, with or without cause, by providing ten (10) days written notice.

3.16. Certification of Nondiscrimination

By submitting a quotation, the Bidder certifies that: in the performance of the Contract, if awarded, it shall not discriminate in the employment of any person due to the race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person;

and further certifies that it is in compliance with all Federal, State and local laws, regulations, rules, directives and executive orders regarding nondiscrimination in employment

3.17. F.O.B. Point

Prices shall be F.O.B. Destination, Freight Prepaid. Price shall include all applicable transportation and delivery charges. Standard Shipment via UPS or Local Freight carrier is acceptable.

3.18. Delivery Requirements

When delivery time is requested in the quote or bid documents, time shall be of the essence; therefore, the quote or bid shall include the delivery date. In some instances, the City may specify only a maximum number of days for delivery and will use this delivery date as part the criteria to determine the award.

The purchase order to be awarded is for a specific quantity purchased at one time. Delivery requirements are as specified in the "Specifications" Section of this RFQ.

3.19. Rights of the City of Palo Alto

This RFQ does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of quotation or in anticipation of a contract.

Request for Quotes (RFQ) #RFQ197475 7

3.20. Exceptions

To the specifications, data specifications sheet or requirements issued must be itemized and justified in writing and included with proposals or quotations submitted.

3.21. Documentation

Manuals, Data Specifications sheet when applicable, shall be furnished by the Vendor with the shipment or under separate cover.

3.22. Taxes

Quotations shall include all applicable federal, state and local taxes, import duties, commissions or other charges.

4. SPECIFICATIONS

4.1. 12.5% BULK SODIUM HYPOCHLORITE AND DELIVERY

SPECIFICATIONS/SCOPE OF WORK

The City of Palo Alto, Regional Water Quality Control Plant (RWQCP) is seeking quotations for the procurement and delivery of 12.5% Bulk Sodium Hypochlorite.

1. Packaging

1.1. This specifications/scope of work covers the procurement and deliveries of Bulk 12.5% Sodium

Hypochlorite.

1.2. The quantity specified under this contract is approximate and may be increased or decreased in any amount to conform to the needs of the Palo Alto Regional Water Quality Control Plant (RWQCP). The plant estimates usage of sodium hypochlorite to be approximately 130,000 gallons per year.

Consumption rates will be higher during wet-weather than during dry-weather.

1.3. There are two separate delivery points for sodium hypochlorite within the RWQCP. The DMF location includes one 6,000-gallon tank. The Chlorine Building location includes two 6,000-gallon tanks.

The supplier shall assume all deliveries will be split between the two locations. The supplier shall budget the additional time to split the onsite delivery into their unit price.

2. Supply

2.1. The supply of sodium hypochlorite furnished under this contract shall be a 12.5% strength solution.

The supplied sodium hypochlorite shall conform to American Water Works Association (AWWA) standard number B-300-18, or latest edition, entitled AWWA Standard for Hypochlorites.

2.2. The supplier shall provide a Safety Data Sheet (SDS) from the original manufacturer of the chemical two weeks prior to their first delivery and whenever the original manufacturer changes.

2.3. The supplier shall provide a weight scale certificate, bill of lading, and certificate of analysis with each shipment. The plant reserves the right to independently verify the percent available chlorine.

3. Deliveries

Request for Quotes (RFQ) #RFQ197475 8

3.1. All deliveries will be made with vehicles safely equipped to handle sodium hypochlorite. Drivers shall be qualified and trained to safely handle transport, load, and unload the chemical that they are delivering. Drivers shall be qualified and trained to respond to leaks of the chemical.

3.2. Delivery shall be made within 48 hours of any order placed by phone or email during the period of the contract. Delivery address and contact is:

City of Palo Alto

Water Quality Control Plant

Attn: Operations Supervisor or Senior Operator

2501 Embarcadero Way

Palo Alto, CA 94303

650-329-2598

3.3. Deliveries shall be according to the Regional Water Quality Control Plant’s 12.5% Sodium

Hypochlorite (SH): Receiving / Off-Loading Authorization Form, which is attached to this specification as

Attachment B. The supplier shall verify that the delivery driver is trained and prepared to follow the authorization form.

3.4. The supplier shall provide the phone number and contact name for scheduling deliveries. A 24-hour phone number shall also be provided.

3.5. The delivery and product transfer shall conform to the requirements of the Chlorine Institute

Pamphlet 96, Sodium Hypochlorite Manual, Edition 5.

3.6. The supplier shall provide a qualified person per the United States Department of Transportation

(USDOT) regulations to attend the unloading at all times.

3.7. If air padding is used to transfer the chemical, then the air must be clean and oil-free. The supplier must provide their own air compressor.

3.8. The supplier’s quotation must include their Standard Operating Procedures (SOP) for unloading and a general description of the method used to unload the truck.

3.9. The City will attempt to order 5,000 gallons per order, but the City will not guarantee that the maximum amount will be ordered each time. The unit price shall remain the same regardless of the amount ordered.

4. Miscellaneous

4.1. If in the event a “Force Majeure” action becomes effective during the term of the contract, the City shall have the option of purchasing sodium hypochlorite from another source until such time as the supplier again fulfills the City’s requirements.

4.2. Specific insurance requirements are listed in the Request for Quotation and must be kept current throughout the term of the contract.

4.3. The supplier shall provide four (4) half-hour training sessions prior to unloading their first deliveries.

Two (2) of the training sessions shall be provided for the night shifts, those who work between 6:00 p.m.

Request for Quotes (RFQ) #RFQ197475 9 and 6:00 a.m. Two (2) of the training sessions shall be for the day shifts, those who work 6:00 a.m. to

6:00 p.m. The training sessions shall cover health and safety issues, delivery procedures, scheduling procedures, and chemical characteristics of the delivered chemical. Each training session will include approximately 5 to 10 operators. The cost of training shall be at no charge to the City and shall be inclusive to the prices quoted.

5. Safety

5.1. The supplier will abide by the RWQCP’s safety procedures for safe unloading at all times. The supplier’s safety performance may be evaluated for compliance. A safety review includes the right to review injury and illness logs and documentation of training and maintenance.

5.2. The supplier shall furnish all services which are required at each and every filling of the storage tank to comply with applicable regulations and normal good practice.

5.3. Any intended change to delivery and/or unloading should be brought to the attention of the Plant

Manager (or Plant Manager’s designee) for consideration well in advance of the change.

5.4. The chemical supplier shall follow the latest federal, state, and local laws and regulations.

6. Term and Bid Price

6.1. The term of the contract shall be for one year with the option to renew the contract annually up to a three-year term. The contractor’s unit prices included in their bid will be increased or decreased every twelve months based on the CPI-U (Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose, CA area).

6.2. The contractor shall include the following bid items in their quotation:

6.2.1. The unit price per gallon will be all inclusive (except sales tax) by including regulatory compliance, fuel surcharge, delivery, California mill tax, & California pesticide assessment fees and any other tax or fee that might apply.

6.2.2. Quantity 130,000, unit price of $ / gallon

6.2.3. Manufacturing location of the chlorine used in production of sodium hypochlorite

6.2.4. Location where chlorine is converted into sodium hypochlorite

5. TERMS AND CONDITIONS OF PURCHASE

5.1. Acceptance / Agreement

City of Palo Alto (City) reserves the right to reject any and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept any item in a quotation. By accepting or filing this

Purchase Order (P.O.), Seller agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper submitted by Seller. All shipments or services performed shall be deemed to have been made pursuant hereto. No other terms are acceptable. This

P.O., including all specifications and drawings, shall constitute the entire agreement between the parties unless modified in writing by City.

Request for Quotes (RFQ) #RFQ197475 10

5.2. City's Property

Seller agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by City shall be and remain City property and shall be held by Seller for

City unless directed otherwise. Seller shall account for such items and keep them protected, insured, and in good working conditions without expense to City.

5.3. Delivery

The terms of delivery are as stated on the reverse side hereof. The obligation of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to

City’s written instruction. Items not delivered may be canceled without penalty to City. Shipments in greater or lesser quantity that ordered may be returned at Seller’s expense unless written authorization is issued by City.

5.4. Prices

The price which Seller charges in filling this P.O. shall not be higher than Seller’s most recent quote or charge to City for such materials, supplies, services and/or installations unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Seller at any time prior to the last delivery of goods or services covered by this P.O.

5.5. Termination

City shall have the right to terminate this P.O. or any part thereof upon ten (10) days notice in writing to

Seller.

(1) Without Cause. City may terminate all or any part of this P.O. without cause. Any claim by Seller for damages due to termination without cause must be submitted to City within thirty (30) days after effective date of termination.

(2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the other instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to any other right or remedy provided by this

P.O. or by law, terminate all or any part of this P.O. in writing without any liability of City with respect to

Seller at any time during the term of this P.O. In the event of termination for cause, City may purchase supplies or services elsewhere on such terms or in such manner as City may deem appropriate and Seller shall be liable to City for any cost and other expenses incurred by City, which is charged to City.

5.6. Changes

City shall have the right at any time by written notice via P.O. Change Order to Seller to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any claim by Seller for adjustment under this clause shall be deemed waived unless made in writing with then (10) days after receipt by Seller of notice of such change. Price increases or extensions of time for delivery shall not be binding on City unless evidenced by a P.O.

Change Order issued by City’s Purchasing Manager.

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5.7. Inspection

City shall have the right to inspect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without regard to the manner of shipment, completion, or any shipping or price terms contained in this P.O. All materials, supplies, services and/or installations must be furnished as specified.

(1) Defective, damaged, and nonconforming materials and/or supplies may be returned for credit or refund, at Seller’s expense. City may charge Seller for all expenses of unpacking, examining, repacking and reshipping of such materials and/or supplies.

(2) Defective, incorrect and nonconforming services and/or installations may be returned for credit or refund, at Seller’s expense. All of the above notwithstanding prior payment by City

(3) City may waive defects that exist.

5.8. Warranty

Seller expressly warrants that all materials, supplies, services and/or installations covered by this P.O.

shall:

(1) conform to the specifications, drawings, samples, or other descriptions specified by City or if none are so specified, to Seller’s standard specification or the standards of the ASTM or ANSI or other national standard organizations;

(2) be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label;

(3) be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous);

(4) be performed within the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended);

(5) be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials Control and Hazardous

Waste Regulations; and other toxic laws and programs.

Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or expense arising in connection with or resulting from Seller’s failure to furnish materials or supplies or perform services that conform with any warranty contained herein.

(6) have good marketable title.

5.9. Governing Law

This P.O. shall be governed by the laws of the State of California.

5.10. Independent Contractor, Insurance

Seller certifies, by acceptance, that he/she is an independent contractor. Seller shall protect, defend, and indemnify and hold City harmless against all damages, liability, claims, losses and expenses

(including attorney’s fees) arising out of , or resulting in any way from Seller’s negligence in providing the goods or services purchased hereunder or from any act or omission of Seller, its agents, employees, or subcontractors, Seller shall maintain such public liability insurance, including contractual liability, automobile and general public liability, (including non-owned automobile liability) Worker’s

Request for Quotes (RFQ) #RFQ197475 12

Compensation, and employer’s liability insurance as well adequately protect City against such damage, liabilities, claims, losses, and expenses (including attorney’s fees). Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City.

5.11. Equal Opportunity Clause

By acceptance of this P.O., Seller certifies it is in compliance with the Equal Opportunity Clause required by Executive Order 11246, as amended, and the Palo Alto Municipal Code, as amended, including

Affirmative Action Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal opportunity programs.

5.12. Force Majeure

City may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such materials, supplies, services and or installations at the direction of City and shall deliver them when the cause affecting the delay has been removed. City shall be responsible only for Seller’s direct additional costs in holding the goods or delaying performance of this P.O. and City’s request. Seller shall also be excused if delivery is delayed by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of other customers, which were placed after this P.O.

5.13. Authority of Agent or Factor

Seller represents that, whenever it executes this P.O. on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relationship to City. Seller shall be deemed to have the legal authority to enter into this P.O. with City on behalf of the third party.

5.14. Interpretation of Contract Documents

In the event of a conflict between the terms of this P.O. and the attached specification with respect to any obligation of Seller, the provision which impose the greater obligations upon Seller shall prevail.

5.15. Environmentally Preferred Purchasing Requirements

(1) Hazardous Waste:

Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by the Seller if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations. Seller shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980.

(2) Zero Waste and Pollution Prevention:

Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The City must also https://www.dtsc.ca.gov/HazardousWaste/UniversalWaste/ http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm

Request for Quotes (RFQ) #RFQ197475 13 meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually or collaboratively comply with the waste reduction, reuse and recycling requirements of the City’s Zero

Waste and Pollution Prevention Programs. Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the

Seller agrees that in addition to all other damages to which the City may be entitled, in the event Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance.

• Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post-consumer content paper or greater unless otherwise approved by the City’s Environmental

Services Division (650) 329-2117. Materials printed by a professional printing company shall be a minimum of 30% post-consumer material or greater and printed with vegetable based inks.

Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement;

• All paper packaging must be Forest Stewardship Council (FSC) Certified.

• All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped;

• All primary, secondary and shipping packaging shall be recyclable in the City’s recycling program.

A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement.

• Expanded foam plastics (e.g., foam or cushion blocks, trays, packing “peanuts”), such as but not limited to polystyrene (aka Styrofoam™), polypropylene, or polyurethane shall not be used as primary, secondary or tertiary/shipping packaging with the following exceptions:

o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor individually or collaboratively does one of the following:

▪ takes the material back at the City’s convenience and at no cost to the City, or

▪ pays the City of Palo Alto’s disposal costs via payment of liquidated damages of $235, or a minimum of $50 if the combined product and shipping cost is $235 or less;

o Bioplastics that meet ASTM D6400 standards for compostability may be accepted with approval from the City’s Environmental Services Division subject to local municipal compost facility requirements;

o if approved by the City’s Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists;

https://www.zerowastepaloalto.org/

Request for Quotes (RFQ) #RFQ197475 14

• Reusable/returnable pallets shall be used and taken back by the Seller, at no additional cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the combined product and shipping cost is $262 or less will be assessed by City for failure to adhere to this requirement.

(3) Energy and Water Efficiency:

Seller shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include: first cost, operating costs, maintenance costs, and disposal costs.

Contacts for additional information about City of Palo Alto

Hazardous Waste, Zero Waste and Utilities programs:

Hazardous Waste Program (Public Works)

(650) 496-6980

Zero Waste Program (Public Works)

(650) 496-5910

Watershed Protection

(650) 329-2117

Energy Efficiency

(650) 496-2244

(4) Liquidated Damages:

Seller agrees that failure to comply with the City’s Environmentally Preferred Purchasing Requirements will result in Liquidated Damages, according to the table marked Liquidated Damages on page 3 of this

P.O.

5.16. Noncompliance With Environmentally Preferred Purchasing Requirements, Liquidated Damages

The following table lists the events that constitute breaches of the Agreement’s standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance.

Event of Non-Performance Acceptable

Performance

Level

(Allowed events per Fiscal Year)

Liquidated Damage

Amount

Recycled Paper Use

Failure to use 30% recycled content paper

1 $30 per each document

Request for Quotes (RFQ) #RFQ197475 15

Recyclable Packaging Materials

Failure of Seller to Use secondary and shipping packaging that is recyclable in the City's recycling program.

1 $235 or a minimum of $50 if the combined product and shipping cost is

$250 or less will be incurred if this is not adhered to.

Expanded Foam Plastics

Unapproved use of expanded foam plastics for secondary or shipping packaging.

0 $235 or a minimum of $50 if the combined product and shipping cost is

$235 or less

Pallet use

Failure of Seller to take-back and reuse pallets, recycling only broken pallets, at no additional cost to the

City

1 $262 or a minimum of $50 if the combined product and shipping cost is

$2 or less

6. BASE BID TABLE - RFQ NO. 197475

Complete the following line items as part of your electronic submittal. All quotations must be submitted for each line item identified on this form.

QUANTITIES

Quantities as specified are approximate and no guarantee is implied that the exact amount will be purchased.

DELIVERY:

Delivery terms shall be F.O.B. Palo Alto, Freight Prepaid in accordance with the supplied "Terms and

Conditions of Purchase".

TABLE A

Bulk 12.5% Sodium Hypochlorite & Delivery, Year 1 of 3 Pricing

Request for Quotes (RFQ) #RFQ197475 16

Line Item Description Approx.

Quantity Unit of

Measure Unit Cost Ext. Total

A-1 *Bulk 12.5% Sodium Hypochlorite

Solution 130,000 Gallon

A-2 *NOTE: Items A-1 bid pricing must be all inclusive (except sales tax) to include regulatory compliance, fuel surcharge, delivery, California mill tax, & California pesticide assessment fees and any other tax or fee that might apply. (Default entering $0 value to A-

2)

1 Per Order

TOTAL

TABLE B

Bulk 12.5% Sodium Hypochlorite & Delivery, Year 2 of 3 Pricing

Line Item Description Approx.

Quantity Unit of

Measure Unit Cost Ext. Total

B-1 *Bulk 12.5% Sodium Hypochlorite

Solution 130,000 Gallon

B-2 *NOTE: Items A-1 bid pricing must be all inclusive (except sales tax) to include regulatory compliance, fuel surcharge, delivery, California mill tax, & California pesticide assessment fees and any other tax or fee that might apply. (Default entering $0 value to B-

2)

TABLE C

Bulk 12.5% Sodium Hypochlorite & Delivery, Year 3 of 3 Pricing

Line Item Description Approx.

Quantity Unit of

Measure Unit Cost Ext. Total

C-1 *Bulk 12.5% Sodium Hypochlorite

Solution 130,000 Gallon

Request for Quotes (RFQ) #RFQ197475 17

Line Item Description Approx.

Quantity Unit of

Measure Unit Cost Ext. Total

C-2 *NOTE: Items A-1 bid pricing must be all inclusive (except sales tax) to include regulatory compliance, fuel surcharge, delivery, California mill tax, & California pesticide assessment fees and any other tax or fee that might apply. (Default entering $0 value to C-

2)

7. BIDDER'S QUESTIONNAIRE

7.1. Authorized Party*

In response to this Request for Quotation (RFQ), the undersigned, as Bidder, declares that the only persons or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any other person, firm or corporation; that the Bidder has carefully examined the specifications herein referred to; and the Bidder proposes and agrees, if this Bid is accepted, that the

Bidder will contract with the City of Palo Alto (City), to provide all necessary materials, and furnish the specified requirements in this RFQ, in the manner herein prescribed and at the prices stated in the Bid.

*The confirming party represents and warrants that he or she has the legal capacity and authority to bind the Bidder.

☐ Please confirm

*Response required

7.2. Company Type*

Please indicate that which most closely reflects the type for your company.

☐ California Corporation

☐ Corporation Organized under the laws of a State other than California (Provide the name of the State, location of head offices and locations of all offices in California)

☐ Limited Liability Company (Provide list of names of general partners and state which partner or partners are managing partner(s) in "Additional Information" section of Bidder's Questionnaire)

☐ Sole Proprietorship

☐ Partnership

☐ Other (Attach applicable information in "Additional Information" section of Bidder's Questionnaire)

*Response required

7.3. Years of Experience*

How many years have you (or your company) done business under the name being used to submit?

Request for Quotes (RFQ) #RFQ197475 18

*Response required

7.4. Previous Work for City of Palo Alto*

Have you (or your company) previously worked for the City of Palo Alto?

☐ Yes

☐ No

*Response required

When equals "Yes"

7.4.1. Previous Work for City of Palo Alto (continued)*

You have indicated that you (or your company) have previously worked for the City of Palo Alto.

Please provide the Position Title you held, the Department in which you worked, Start and End Dates and indicate if you were Full Time or Part Time or worked as a Consultant or indicate some other type of business relationship that applied.

*Response required

7.5. Item Information*

Upload all applicable information for items quoted, including warranty and specifications that meet the requirements noted in this RFQ. This includes the necessary information for alternate or substitute items if the City has indicated that they are willing to allow alternates or substitute materials or items.

*Response required

7.6. Additional Information

This file upload is for any sections or questions or responses of yours that indicated to provide additional information. Please provide all information by uploading a file here with all required information or your bid may be deemed incomplete and as such non-responsive.

7.7. Confirmation of Information*

The undersigned certifies under penalty of perjury under the laws of the State of California that all of the answers and responses to all questions and requested information within the Bidder's Questionnaire are true and correct.

*The individual confirming represents and warrants that he or she has the legal capacity and authority to bind the bidder/party submitting the Bid.

☐ Please confirm

*Response required

Request for Quotes (RFQ) #RFQ197475 19